Decisions were issued on: - Personnel Security
Office of Hearings and Appeals
June 24, 2022
minute read time
Personnel Security Hearing (PSH)
Access Authorization Not Restored; Guideline F (Financial Considerations)
On June 22, 2022, an Administrative Judge determined that an Individual's access authorization should not be restored under 10 C.F.R. Part 710. In March 2020, the Individual completed a Questionnaire for National Security Positions in which she disclosed approximately $43,000 in unpaid Federal personal income taxes and $ 45,000 in credit card debts. In response to a letter of interrogatory issued by the local security office, the Individual indicated that she intended to resolve her delinquent debts and unpaid taxes through bankruptcy. However, at the hearing, the Individual testified that she had not yet filed for bankruptcy or taken other action to resolve her significant debts and tax liability. In light of the Individual's longstanding financial irresponsibility, and failure to take timely action to resolve her financial difficulties, the Administrative Judge concluded that the Individual had not resolved the security concerns under Guideline F. Therefore, the Administrative Judge determined that the Individual's access authorization should not be restored (OHA Case No. PSH-22-0058, Harmonick)
Access Authorization Granted; Guideline F (Financial Considerations)
On June 24, 2022, an Administrative Jude determined that the Individual's access authorization should be granted 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 finances. The LSO alleged that the Individual failed to his federal or state tax returns for tax year 2017.
At the hearing, the Individual testified that he did not file his tax returns for tax year 2017 because he did not have a necessary document from his employer. The hearing testimony established that the Individual made multiple attempts in 2018, 2019, and 2020 to obtain the document from his employer, a document that was not available through the Internal Revenue Services, before giving up. The Individual made another attempt to file his 2017 federal and state income tax returns when he received the Letter of Interrogatory (LOI). He successfully obtained the necessary document and used tax preparation software to file his taxes. He also had a tax professional examine his tax return for accuracy. The Individual's 2017 federal and state tax returns were filed in January 2022.To support his testimony, the Individual also submitted letters from his former roommate and girlfriend confirming that he is a financially responsible individual. Based on the evidence, the Administrative Judge concluded that the Individual had mitigated Guideline F concerns (OHA Case No. PSH-22- 0062, Balzon)
Access Authorization Restored; Guideline G (Alcohol Consumption)
On June 24, 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 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 the derogatory information raised security concerns under Guideline G of the Adjudicative Guidelines.
At the conclusion of the hearing, the AJ determined that the LSO appropriately invoked Guideline G by citing the Psychiatrist's opinion that the Individual was habitually consuming alcohol to the point of impaired judgment, and, in October 2021, local authorities arrested and charged the Individual with Driving Under the Influence of Intoxicating Liquors.
The AJ also concluded the Individual had resolved the Guideline G security concerns for the following reasons. First, there was ample evidence that the Individual acknowledged his pattern of maladaptive alcohol use. His testimony demonstrated that he understood his alcohol use was a problem, and he proactively set out to address it by following the recommendations of his treatment providers. He also identified and reflected on his poor judgement, how his conduct negatively impacted his life and his family, and he expressed regret for his behavior. Second, the Individual put forth evidence of the actions that he had taken to overcome the problem: he stopped consuming alcohol; he successfully completed treatment; he was currently participating in aftercare, AA, and online treatment; he continued to maintain his sobriety; and there was no evidence in the record that he had a history of relapse. Finally, the Individual demonstrated a clear and established pattern of abstinence in accordance with treatment recommendations: he had abstained from alcohol for a significant period, and the Psychiatrist opined that the Individual had met all treatment recommendations.
Accordingly, the AJ concluded that the Individual had resolved the Guideline G security concerns. OHA Case No. PSH-22-0071 (James P. Thompson III)
Access Authorization Denied; Guideline I (Psychological Conditions)
On June 23, 2022, an Administrative Judge determined that the Individual's access authorization under 10 C.F.R. Part 710 should not be restored. The Individual is employed by a DOE contractor in a position that requires him to hold a security clearance. In November 2021, the Individual underwent a psychological evaluation by a DOE consultant psychologist . The psychologist diagnosed him with Bipolar I Disorder with Manic Episodes and made treatment recommendations. At the hearing, the Individual testified that once he realized he needed medication to treat his condition, he began complying with all medical treatment recommendations, including meeting with his psychologist. However, the record indicated the Individual failed to comply with all the psychologist's treatment recommendations and showed a relatively short time of stability on his medication. After hearing the Individual's testimony, the psychologist opined that the Individual's Bipolar I Disorder continues to impair his judgment, reliability, and stability. After considering the evidence in the record and testimony presented at the hearing, the Administrative Judge determined that the Individual has not brought forth sufficient evidence to resolve the security concerns associated with Guideline I . Accordingly, the Administrative Judge found that the Individual's access authorization should not be restored. OHA Case No. PSH-22-0055 (Katie Quintana) (OHA Case No. PSH-22-0055, Quintana)