PSH-21-0100 - In the Matter of Personnel Security Hearing

On November 23, 2021, an Administrative Judge determined that the Individual's access authorization under 10 C.F.R. Part 710 should be restored. The Individual is employed by a Department of Energy (DOE) contractor in a position that requires him to hold a DOE security clearance. The Local Security Office (LSO) received potentially derogatory information regarding the Individual. Under Guideline G, the LSO alleged that: (1) In a December 22, 2020 report, the DOE Psychologist stated that she determined the Individual met the criteria for Alcohol Use Disorder (AUD), Mild, pursuant to the DSM-5, without evidence of rehabilitation or reformation; (2) the Individual consumed six beers the evening before a random BAT was administered at his workplace, resulting in BAT results of .036, . 030, and .037; (3) the Individual was arrested for Public Intoxication on February 19, 2014 after consuming three or four beers; (4) the Individual was arrested and charged with Driving While Ability Impaired in 1998 after consuming four beers.

The Individual presented his own testimony as well as the testimony of two other witnesses. A DOE Psychologist, who conducted a prior psychological evaluation on the Individual, also testified. Based on the evidence and the testimony presented, the Administrative Judge concluded that the Individual had mitigated all security concerns stated in the Notification Letter. After the precipitating event transpired, the Individual scheduled and attended eight counseling sessions, attended an average of two Alcoholics Anonymous (AA) meetings per week, established a support system, and provided evidence of subsequent negative   test results to evidence his ongoing abstinence. Although the Individual had not, by his own testimony, been sober for twelve months, the DOE Psychologist expressed her belief that he had shown adequate evidence of rehabilitation and reformation, testifying that the Individual was in early remission. She noted the fact that she believed the Individual appropriately executed all the recommendations she had made in her report and stated that his prognosis was good.

Accordingly, the Administrative Judge concluded that the Individual had mitigated all security concerns stated in the Notification Letter. The Administrative Judge therefore concluded that the Individual's access authorization should be restored. Case No. PSH-21-0100 (Janet R. H. Fishman).