PSH-22-0021 - In the Matter of Personnel Security Hearing

Access Authorization Granted; Guideline G (Alcohol Consumption)

Office of Hearings and Appeals

March 11, 2022
minute read time

On March 11, 2022, an Administrative Judge (AJ) determined that an Individual should be granted access authorization 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. During an investigation, the DOE Local Security Office (LSO) discovered information regarding the Individual's   alcohol   use   that prompted the LSO to request that the Individual be evaluated by a DOE -consultant psychologist (" Psychologist"). After the Psychologist completed the evaluation and provided a report to the LSO, the LSO informed the Individual by letter that it possessed reliable information that created substantial doubt regarding his eligibility to possess a security clearance under Adjudicative Guideline G.

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 Alcohol Use Disorder, Mild; the Psychologist's conclusion that the Individual habitually or binge consumes alcohol to the point of impaired judgement; and the Individual's 2015 arrest and charges for alcohol- related offenses.

The AJ also determined that the Individual had resolved the security concerns for the following reasons. First, the Individual acknowledged his pattern of maladaptive alcohol use. Second, he took significant action to overcome his problem by ceasing alcohol consumption, successfully completing a recovery treatment program, participating in a long -term group recovery treatment   program, attending AA meetings, and working with an AA sponsor. Third, he changed his mindset around treatment. Fourth, he had no further arrests for alcohol -related conduct. Fifth, he demonstrated a clear and established pattern of abstinence through testimony and PEth test results. Sixth, he maintained his abstinence in accordance with the Psychologist's treatment recommendations, which resulted in the Psychologist concluding that the Individual had rehabilitated and had a good prognosis.

Accordingly, the AJ concluded that the Individual had resolved the Guideline G security concerns . OHA Case No. PSH-22-0021 (James P. Thompson III)

PSH-22-0021.pdf (130.32 KB)