PSH-22-0054 - In the Matter of Personnel Security Hearing

Access Authorization Not Restored; Guideline G (Alcohol Consumption) and Guideline I ( Psychological Conditions)

Office of Hearings and Appeals

June 6, 2022
minute read time

On June 6, 2022, an Administrative Judge determined that an Individual's access authorization should not be restored under 10 C.F.R. Part 710. In April 2021, the local security office (LSO) received notice that the Individual had been hospitalized after expressing suicidal ideation while intoxicated. In response to a letter of interrogatory issued by the LSO, the Individual admitted that he had relapsed following inpatient treatment for alcohol misuse. A DOE -contracted Psychologist (DOE Psychologist) conducted a clinical interview of the Individual and determined that he met the diagnostic criteria for Alcohol Use Disorder (AUD), Severe, not in remission under the Diagnostic and Statistical Manual of Mental Disorders - Fifth Edition. The DOE Psychologist also determined that the Individual's elevated risk of suicide constituted a psychological condition that could impair his judgment and stability. The DOE Psychologist recommended that the Individual demonstrate rehabilitation by abstaining from alcohol for eighteen months, documenting his abstinence from alcohol through laboratory testing, and consulting with a mental health practitioner regarding his suicidal ideation. At the hearing, the Individual testified that he had consumed alcohol approximately two weeks prior to the hearing and had not received treatment related to his suicidal ideation. The DOE Psychologist opined that the Individual's AUD was not in remission, the Individual remained at heightened risk of suicide, and the Individual had not complied with his recommendations. The Administrative Judge concluded that the Individual had not resolved the security concerns under Guideline G because of his recent alcohol consumption and failure to comply with the DOE Psychologist's recommendations. The Administrative Judge also concluded that security concerns under Guideline I were unresolved based on the opinion of the DOE Psychologist and the absence of evidence supporting the Individual's claim that his mental state had improved since he communicated suicidal intentions. Therefore, the Administrative Judge determined that the Individual's access authorization should not be restored. (OHA Case No. PSH-22-0054, Harmonick)

PSH-22-0054.pdf (215.28 KB)