PSH-21-0076 - In the Matter of Personnel Security Hearing

Guideline G (Alcohol Consumption)

Office of Hearings and Appeals

October 27, 2021
minute read time

On October 27, 2021, an Administrative Judge determined that an individual's access authorization under 10 C.F.R. Part 710 should not be granted. The Individual is employed by a DOE contractor in a position that requires him to hold a DOE security clearance. In July 2020, the Individual completed a Questionnaire for National Security Positions (QNSP). In the QNSP, the Individual revealed that he left his previous employer "by mutual agreement following charges or allegations of misconduct." The Individual described the misconduct as an "alcohol test." Subsequently, the Individual underwent a psychological evaluation by a DOE consultant psychologist (Psychologist) in December 2020. During the evaluation, the Individual disclosed that he resigned from his previous employer, in lieu of termination, as a result of testing positive for alcohol while at work. The Psychologist ultimately concluded that the Individual "is a habitual and heavy consumer of alcohol" and had not shown adequate evidence of rehabilitation. At the hearing, the Individual testified that he had been abstinent from alcohol for approximately seven months. However, he explained that he could not, at the time of the hearing, commit to maintaining abstinence on a permanent basis, as was recommended by the Psychologist. The Individual further revealed that he had not participated in an intensive outpatient program and completed the accompanying aftercare, or AA, as was additionally recommended by the Psychologist. Ultimately, the Psychologist testified that the Individual had not demonstrated adequate evidence of rehabilitation or reformation. After considering the evidence in the record and testimony presented at the hearing, the Administrative Judge determined that the Individual had not resolved the security concerns associated with Guideline G. Accordingly, she concluded that the Individual's access authorization should not be granted. (Case No. PSH-21-0076)

 

PSH-21-0076 .pdf (161.2 KB)