PSH-22-0035 - In the Matter of Personnel Security Hearing

On April 5, 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 and criminal conduct. Regarding Guideline G, the LSO asserted that 1) in August 2021, a DOE Psychologist found that the Individual met the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association, Fifth Edition, criteria for a diagnosis of Alcohol Use Disorder (AUD), Severe, without adequate evidence of rehabilitation or reformation; 2) in July 2021, she consumed four alcoholic drinks in violation of Fitness for Duty (FFD) restrictions for work; 3) in February 2021, she was arrested and charged with Aggravated Driving Under the Influence (DUI); 4) in October 2016, the Individual tested positive for alcohol despite being required to abstain by her employer; and 5) in September 2016, she was arrested and charged with Aggravated DUI.

At the hearing, the DOE Psychologist confirmed her diagnosis and recommendation, which included the Individual complete a 30-day in-patient treatment program, followed by aftercare of not less than two years and she also recommended Phosphatidylethanol (PEth) tests be administered every two months. The testimony and evidence established that the Individual did not satisfy any of the DOE Psychologist's recommendations. The Individual failed to resolve the Guideline G concerns. Accordingly, the Individual was not able to demonstrate that he had fully resolved the security concerns arising under Guidelines G. (OHA Case No. PSH-22-0035, Fishman)