PSH-22-0040 - In the Matter of Personnel Security Hearing

On April 18, 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 history of an alcohol-related arrest, and a DOE Psychiatrist found that he the meet the criteria for Alcohol Use Disorder, Mild (AUD) set forth in the Diagnostic and Statistical Manual of Mental Disorders - Fifth Edition (DSM-5) and had not been reformed or rehabilitated.  The AJ found that the Individual had taken the important first steps of sincerely acknowledging that he has AUD, attending Alcoholics Anonymous (AA) meetings, and working AA's Twelve Step Program with the support of his Sponsor. However, the AJ further found that the Individual had not shown that he had sufficiently complied with the reasonable and appropriate recommendations of the Psychiatrist.  First, the Individual had not shown that he has abstained from alcohol use for 12 months, since the Individual had shown himself to be an unreliable historian concerning his alcohol use. Second, the AJ found that Individual did not show that his attendance at group alcohol education classes were the functional equivalent of the Intensive Outpatient Program, followed by six months of aftercare, recommended by the Psychiatrist . Lastly, while the AJ found that Individual had become meaningfully engaged in AA, that meaningful engagement only began approximately three months prior to the Hearing, which was well short of the 12 months recommended by the Psychiatrist.

The Administrative Judge therefore concluded that the Individual's access authorization should not be restored. (OHA Case No. PSH-22-0040, Fine)