PSH-21-0090 - In the Matter of Personnel Security Hearing

On November 24, 2021, an Administrative Judge (AJ) determined that an Individual should not be granted access authorization under 10 C.F.R. Part 710. The Individual is an employee of a DOE contractor for a position that requires the possession of a security clearance. During the application process, the DOE Local Security Office (LSO) learned about the Individual's history of alcohol-related criminal offenses. As a result, the LSO requested that the Individual be evaluated by a DOE-consultant psychologist. Subsequently, the LSO informed the Individual that it possessed reliable information that created substantial doubt regarding his eligibility to possess a security clearance because the Individual had (1) an extensive list of alcohol-related criminal charges, (2) two outstanding warrants, and (3) a diagnosed Alcohol Use Disorder (AUD).

At the conclusion of the hearing, the AJ determined that the LSO appropriately invoked Guidelines G and J and that the Individual failed to resolve the security concerns for the following reasons. As to Guideline G, the AJ concluded that the concerns were not resolved because the Individual engaged in a recurring pattern of alcohol consumption followed by periods of failed sobriety despite court-ordered treatment; the Individual had not taken sufficient actions to overcome his problem, nor had he established a pattern of abstinence in accordance with treatment recommendations; and there was a concerning likelihood that the Individual would again relapse.

As to Guideline J, the AJ concluded that the security concerns were not resolved because the record was unclear regarding the status of the Individual's 2009 criminal case and warrant, and the AJ remained concerned by the likelihood that, given the Individual's AUD and the above factors, the Individual would again engage in the unlawful behavior that typically resulted from his pattern of alcohol consumption.

Accordingly, the AJ concluded that the Individual had not resolved the Guideline G and J security concerns. (Case No. PSH-21-0090, James P. Thompson III)