Clearance Not Granted; Guideline G (Alcohol Consumption); Guideline J ( Criminal Conduct)
Office of Hearings and Appeals
December 16, 2021On December 16, 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. As part of the investigation for his security clearance, the Local Security Office (LSO) learned of the Individual's involvement in numerous alcohol-related criminal incidents. Subsequently, the Individual was evaluated by a DOE consultant psychiatrist (Psychiatrist) in December 2020. The Psychiatrist diagnosed him with Alcohol Use Disorder, Moderate, and concluded that the Individual habitually or binge consumes alcohol to the point of impaired judgment. The Psychiatrist also determined that the Individual had not demonstrated adequate evidence of rehabilitation or reformation. During the hearing, the Individual recounted his criminal history, dating back to 1992, and alcohol-related incidents, dating back to 1996. The hearing testimony revealed that, despite knowing that the DOE had concerns about his alcohol consumption in 2012, the Individual had only begun seeking treatment in May 2021. Further, as of the date of the hearing, he had only been abstinent from alcohol for approximately 40 days. 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 and Guideline J. Accordingly, she concluded that the Individual's access authorization should not be granted. OHA Case No. PSH-21-0098 (Katie Quintana)