PSH-22-0010 - In the Matter of Personnel Security Hearing

On April 22, 2022, an Administrative Judge determined that the Individual's access authorization should 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. The LSO alleged that in his May 2021 report, the DOE Psychologist concluded that the Individual met the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5) criteria for Alcohol Use Disorder, Moderate, In Early Remission, and that the Individual had not shown adequate evidence of rehabilitation or reformation.

At the hearing, the Individual, his Clinical Psychologist, his wife, his workers, a Licensed Therapist, and the DOE Psychologist testified. The record established that the Individual recognized his maladaptive alcohol use and took tangible steps toward treating the issue years prior to the issuance of the Notification Letter. He began by seeking therapy from a Clinical Psychologist with whom he discussed the matter of his alcohol consumption. After reaching the understanding that he needed more focused support and treatment for his alcohol consumption, the Individual voluntarily enrolled in an inpatient recovery program in Summer 2020, completed an intensive outpatient treatment program in Spring 2021, involved himself in self-help groups like Alcoholics Anonymous (AA) and Self- Management and Recovery Training (SMART), and continued to receive individual therapy. A number of alcohol test results were submitted into the record, the results of which were consistent with the Individual's ongoing abstinence as well as his reported relapse in Fall 2020. Although the evidence showed that the Individual had suffered a relapse in 2020, there was no indication the Individual had consumed alcohol since, as indicated by his wife and coworker.

During his testimony, the DOE Psychologist confirmed that he had recommended that the Individual remain abstinent for the span of twelve months, that he attend a self -help group at least twice a week, and that he continue receiving individual counseling. As the Individual had complied with his recommendations, the DOE Psychologist determined that the Individual's AUD was in sustained remission and that he had presented adequate evidence of rehabilitation and remission.

Accordingly, given the state of the Individual's rehabilitation from his diagnosis of AUD, the Administrative Judge found that the Individual had mitigated all Guideline G concerns raised in the Notification Letter. See Adjudicative Guidelines at ¶ 23(b), (d). (OHA Case No. PSH-22-0010, Cronin)