PSH-22-0005 - In the Matter of Personnel Security Hearing

On February 25, 2022, an Administrative Judge (AJ) determined that an Individual's access authorization should be restored under 10 C.F.R. Part 710. The Individual is an employee of a DOE contractor in a position that requires the possession of a security clearance. In 2021, the Individual submitted an incident report disclosing his arrest for Driving While Intoxicated (DWI). The DOE Local Security Office (LSO) conducted an investigation and requested that   the   Individual   be evaluated by a DOE-consultant psychologist ("Psychologist"). Subsequently, the LSO informed the Individual that it possessed reliable information that created substantial doubt regarding his eligibility to possess a security clearance.

At the conclusion of the hearing, the AJ determined that the LSO appropriately invoked Guideline G because the LSO cited the Psychologist's conclusion that the Individual met the criteria   for Unspecified Alcohol-Related Disorder; the Psychologist's conclusion that the Individual habitually or binge consumes alcohol to the point of impaired judgement, reliability, and trustworthiness; and the Individual's 2021 arrest and related DWI charge.

The AJ also determined that the Individual had resolved the security concerns for the following reasons. First, the Individual admitted he had an alcohol use problem. Second, he provided evidence of the significant actions he had taken to overcome the problem, including successfully remaining abstinent; regularly attending a treatment program, individual counseling sessions, and AA meetings; actively participating in his treatment; and creating relationships with AA members who hold him accountable. Third, the record demonstrated a clear and established pattern of modified consumption in accordance with treatment recommendations, and the Psychologist concluded that the Individual had a good prognosis and low risk of relapse.

Accordingly, the AJ concluded that the Individual had resolved the Guideline G security concerns. (OHA Case   No. PSH-22-0005, Thompson)