PSH-22-0050 - In the Matter of Personnel Security Hearing

Alcohol consumption (Guideline G) and criminal conduct (Guideline J)

Office of Hearings and Appeals

April 25, 2022
minute read time

On April 25, 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 her to hold a security clearance. The Local Security Office (LSO) received potentially derogatory information about the Individual's alcohol consumption (Guideline G) and criminal conduct (Guideline J) regarding her arrest for DWI and Aggravated DWI and her subsequent diagnosis with Alcohol Use Disorder-Moderate.

At the hearing, the Individual presented evidence that she had continued to consume alcohol until three months prior to the hearing and that, during that three months, she had had a few sips of beer on three occasions. The DOE Psychologist testified that the Individual was not rehabilitated or reformed. The testimony and evidence established that the Individual had not resolved the Guideline G concerns. Because the Guideline J concerns arose from the Guideline G concerns, the Administrative Judge determined that they could not be resolved if the Guideline G concerns remained. Accordingly, the Administrative Judge determined that the Individual's access authorization should not be restored. (OHA Case No. PSH-22-0050, Martin)

PSH-22-0050.pdf (164.26 KB)