PSH-21-0085 - In the Matter of Personnel Security Hearing

On December 3, 2021, an Administrative Judge determined that the Individual's access authorization under 10 C.F.R. Part 710 should be granted. The Individual is employed as a DOE contractor in a position that requires him to hold a DOE security clearance. As part of an investigation, he Individual completed a Questionnaire for National Security Positions ( QNSP), in connection with seeking access authorization. Exhibit (Ex.) 7 at 43. In response to one of the questions regarding psychological and emotional health, the Individual responded that he had been hospitalized on three occasions for a mental health condition in 2013, August 2008, and May 1985. Id. at 28-29. After examining the Individual, a DOE- contractor psychologist determined that the Individual met the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5) criteria for Delusional Disorder, Grandiose Type, a mental condition that impairs judgement, reliability, stability, and trustworthiness.

At the hearing, the Individual presented expert testimony establishing that his latest two hospitalizations resulted from withdrawal from marijuana use combined with lack of sleep. The expert witnesses also opined that the Individual did not suffer from Delusional Disorder. The Individual's expert witnesses opined that the Individual would not suffer similar psychiatric symptoms as long as he did not use marijuana. The DOE Psychologist testified that he no longer believes that the Individual suffered from Delusional Disorder

The Administrative Judge determined that there was no evidence that the Individual had not used marijuana since 2013, approximately 8 years prior to the hearing. Further the Administrative Judge found the Individual's experts convincing regarding the absence of Delusional Disorder in the Individual and the cause of the Individual's prior mental health hospitalizations. The Administrative Judge found that the Individual had been faithfully receiving treatment for his diagnosed Adult Deficit Hyperactivity Disorder for the prior three years. Consequently, the Administrative Judge found that the Individual had mitigated the security concerns raised by the Guideline I derogatory information. Based on the testimony of all witnesses and the evidence submitted, the Administrative Judge concluded that the Individual's access authorization should be granted. OHA Case No. PSH-21-0085 (Richard A. Cronin, Jr.).