PSH-22-0008 - In the Matter of Personnel Security Hearing

On February 14, 2022, an Administrative Judge determined that an Individual should not be granted access authorization under 10 C.F.R. Part 710. The Individual   completed   a   Questionnaire   for National Security Positions in which he disclosed that he had used Adderall without a   prescription and cocaine for which he obtained treatment in 2017. The Individual also disclosed that he had been arrested for possession of a controlled substance within the prior month, but denied any illegal drug use since 2017. He also denied that alcohol use had negatively impacted him in the prior seven years. The Individual subsequently denied using illegal drugs or engaging in problematic alcohol use in an interview with an Office of Personnel Management investigator and in response to a letter of interrogatory issued by the local security office. However, the Individual admitted during a clinical interview with a DOE Psychiatrist that he had relapsed in 2019 and engaged in binge drinking and drug use. The DOE Psychiatrist diagnosed the Individual with Alcohol Use Disorder, Severe, and Cocaine Use Disorder, Severe. The DOE Psychiatrist recommended that the Individual demonstrate rehabilitation by abstaining from drugs and alcohol, undergoing random drug and alcohol screenings, and attending Alcoholics Anonymous and Narcotics Anonymous meetings. At the hearing, the Individual denied that he had intentionally been untruthful during the investigation of his eligibility for a security clearance. He also claimed to have abstained from drugs and alcohol for over two years but provided only one drug test over that period to support his claims. The Administrative Judge concluded that the Individual had not resolved the security concerns under Guideline E because he refused to acknowledge his deceptive behavior during the security investigative process. The Administrative Judge also concluded that the Individual had not sufficiently demonstrated abstinence from drugs and alcohol to resolve the security concerns under Guidelines G and H. Therefore, the Administrative Judge determined that the Individual should not be granted access authorization. (OHA Case No. PSH-22-0008, Harmonick)