PSH-22-0017 - In the Matter of Personnel Security Hearing

On May 13, 2022, an Administrative Judge (AJ) determined that an Individual's access authorization should be restored under 10 C.F.R. Part 710. The DOE Local Security Office (LSO) discovered derogatory information regarding the Individual's alcohol use, which prompted the LSO to request that the Individual be evaluated by a DOE -consultant psychologist ("Psychologist"). 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 G and Guideline J of the Adjudicative Guidelines.

At the conclusion of the hearing, the AJ determined that the LSO appropriately invoked Guideline G and Guideline J because the Individual met the criteria for Alcohol Use Disorder (AUD), Mild, without evidence of rehabilitation or reformation and that the Individual had been arrested for and charged with Driving While Under the Influence and related offenses in December 2021, May 2020, and October 2013. 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; provided evidence of the significant actions he had taken to overcome the problem; and demonstrated that he had remained abstinent for a significant period and rehabilitated and reformed his AUD based on the Psychologist conclusion and good prognosis. As for Guideline J, the Individual put forth evidence of successful rehabilitation because over a year had passed since his last criminal charge, and he had reformed the AUD linked to his criminal conduct and obtained a positive prognosis.

Accordingly, the AJ concluded that the Individual had resolved the Guideline G and J security concerns. (OHA Case No. PSH-22-0017, Thompson III)