PSH-22-0011 - In the Matter of Personnel Security Hearing

On May 11, 2022, an Administrative Judge (AJ) determined that an Individual should be granted access authorization under 10 C.F.R. Part 710. The DOE Local Security Office (LSO) discovered derogatory information regarding the Individual's personal conduct, criminal conduct, and alcohol use . The latter prompted the LSO to request that the Individual be evaluated by a DOE -consultant psychiatrist ("Psychiatrist"). Subsequently, the LSO informed the Individual that it possessed reliable information that created substantial doubt regarding his eligibility to possess a security clearance because derogatory information raised security concerns under Guideline E, Guideline G, and Guideline J of the Adjudicative Guidelines.

At the conclusion of the hearing, the AJ determined that the LSO appropriately invoked Guideline E because the LSO cited that the Individual used marijuana while interning and employed at government-related sites despite knowing that it was prohibited. The AJ determined that the LSO appropriately invoked Guideline G because the Individual met the criteria for Alcohol Use Disorder ( AUD), Mild, without evidence of rehabilitation or reformation; that the Individual admitted that he occasionally drove while intoxicated; that the Individual drank to intoxication up to two times a month; and that the Individual had a 2014 charge for Underage Consumption of alcohol. The AJ determined that the LSO appropriately invoked Guideline J because the Individual illegally used amphetamines from 2014 to 2019, often selling one or two pills to a friend; he illegally used marijuana from 2013 to 2019, sold marijuana in 2017, and would buy it for his father and friends; he would return items his father stole in exchange for money between 2015 and 2017; he illegally used barbiturates between 2015 to 2016; he illegally obtained barbiturates for his father almost weekly from July 2015 to June 2016; he illegally used hallucinogens between 2014 and 2015; and in 2014, he was charged with Underage Consumption for using marijuana.

The AJ also determined that the Individual had resolved the security concerns for the following reasons. As to Guideline G, the Individual admitted he had an alcohol use problem; he provided evidence of the significant actions he had taken to overcome the problem; and he demonstrated that he had remained abstinent for a significant period and had rehabilitated and reformed his AUD based on the Psychiatrist's conclusion and excellent prognosis. As for Guideline J, a significant period has elapsed since the Individual obtained and used illegal drugs, since the Individual sold illegal drugs to his friends and prior girlfriend, and since the Individual engaged in criminal conduct for the benefit of his father; and the Individual's criminal behavior happened under circumstances that are no longer present. As to Guideline E, the Individual acknowledged that his marijuana use was inappropriate behavior and took several positive steps to alleviate the circumstances and stressors that contributed to his behavior.

Accordingly, the AJ concluded that the Individual had resolved the Guideline E, G, and J security concerns. OHA Case No. PSH-22-0011, Thompson III)