PSH-21-0109 - In the Matter of Personnel Security Hearing

On January 3, 2022, an Administrative Judge determined that the Individual's access authorization should not be restored under 10 C.F.R. Part 710. The Individual is employed by a DOE contractor in a position that requires him to hold a security clearance. The Local Security Office (LSO) received potentially derogatory information regarding the Individual's alcohol consumption. Under Guideline G, the LSO alleged that: (1) A DOE-consultant psychiatrist (DOE Psychiatrist) determined that the Individual habitually consumes alcohol to the point of impaired judgment and that there was no evidence of adequate rehabilitation or reformation; (2) the Individual was arrested and charged with DWI in May 2019; (3) the Individual was arrested and charged with Careless Driving While Under the Influence of Alcohol (CDWUI) in May 2012; and (4) the Individual was arrested and charged with DV in March 2012 while in a state of intoxication.

At the hearing, the Individual and four other witnesses testified. The Individual confirmed the veracity of the incidents alleged in the Notification Letter, namely that he had alcohol-related charges in 2019 and 2012. Witness testimony and the written record revealed that although the Individual stopped consuming alcohol after his 2019 arrest, he relapsed in November 2019, and resumed his efforts to remain sober in June 2021. The counselor the Individual saw through his employer's Employee Assistance Program (EAP) testified that although the Individual sought assistance through EAP in May 2019, she first met the Individual in July 2019. She also confirmed that the Individual completed an alcohol education course in August 2021, and although he technically completed another group program aimed at

assisting participants with the task of maintaining an altered relationship with alcohol in October 2021, the Individual still regularly attended group sessions. The Individual also submitted four Phosphatidylethanol (PEth) test results from August, September, October, and November 2021, all of which were negative. The evidence also indicated that the Individual had been attending regular counseling sessions outside of the EAP sessions since July 2021. However, the DOE Psychiatrist testified that because the Individual had not been abstinent for the recommended one-year period, he could not conclude that there was adequate evidence of rehabilitation or reformation. Accordingly, the Individual failed to demonstrate an established pattern of abstinence pursuant to treatment recommendations.

Accordingly, the Individual was not able to show that he had fully resolved the security concerns arising under Guideline G OHA Case No. PSH-21-0109 (Kimberly Jenkins-Chapman)