PSH-22-0026 - In the Matter of Personnel Security Hearing

On April 12, 2022, an Administrative Judge (AJ) determined that the Individual's access authorization under 10 C.F.R. Part 710 should not be restored. The Individual had a long history of substance abuse, a history of unsuccessful substance abuse treatment, and had failed a blood alcohol test ( BAT) administered at his workplace.    This information led a Local Security Office (LSO) to request that the Individual be evaluated by a Psychologist, who then diagnosed the Individual with Alcohol Use Disorder (AUD). In addition, the LSO issued a Letter of Interrogatory (LOI) to the Individual which asked the Individual how much alcohol he had consumed prior to his positive BAT, and the Individual responded by significantly underreporting the amount of alcohol he had consumed.

At the hearing, the Individual attempted to mitigate the concerns raised by his AUD by showing, through the submission of testimony and laboratory reports showing that he had abstained from alcohol use for five and a half months, had successfully completed a second Intensive Outpatient Program and that he had fully engaged in Alcoholics Anonymous (AA) including attending several meetings a week, working AA's Twelve-Step Program and obtaining   an   AA   sponsor.   The Accordingly, the AJ found that the Individual had successfully had not mitigated the security concerns under Guideline G raised by his history of two alcohol -related arrests. Although the AJ was highly impressed with the Individual's progress, he found that the Individual's sobriety was still in its beginning stage and had yet to meet the full test of time, given his longstanding history of substance abuse and his history of unsuccessful treatment. Accordingly, the AJ found that the Individual had not successfully mitigated the security concerns under Guideline G raised by his AUD and positive BAT.

While the AJ found that the Individual had not sufficiently mitigated the security concerns raised by his AUD, he found that the counseling, AA education, and treatment that the Individual had received for his AUD had meaningfully changed his behavior by making him open and honest about his alcohol problem, noting that the Individual now openly identifies as an alcoholic and recognizes the importance of honesty, especially about his alcohol use, in his recovery.   The AJ further found that the Individual's openness and honesty about his alcohol problem had alleviated his need to conceal his alcoholism, the very stressor that caused him to conceal the true extent of his alcohol consumption. Accordingly the AJ found that the Individual had successfully mitigated the security concerns under Guideline E raised by his omission.

The Administrative Judge therefore concluded that the Individual's access authorization should not be restored. (OHA Case No. PSH-22-0026, Fine)