PSH-22-0061 - In the Matter of Personnel Security Hearing

Access Authorization Not Restored; Guideline G (Alcohol Consumption)

On June 30, 2022, an Administrative Jude 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 him to hold a security clearance. the Local Security Office (LSO) received potentially derogatory information regarding the Individual's alcohol consumption. The LSO alleged that in May 2021, the Individual was arrested and charged with Driving While Intoxicated (DWI), that prior to his arrest, he had consumed three alcoholic beverages, and that his breathalyzer results registered at .118. The LSO further alleged that the Individual underwent a psychological evaluation conducted by the DOE Psychologist in October 2021, and the DOE Psychologist concluded that the Individual binge consumes alcohol to the point of impaired judgement and that he has not shown adequate evidence of rehabilitation or reformation.

At the hearing, the Individual, his supervisor, and the DOE Psychologist testified. The evidence in the record established that after receiving the DOE Psychologist's report in December 2021, from approximately late January 2022 to May 2022, the Individual did not consume alcohol. He resumed alcohol consumption in May 2022. The record also established that in March 2022, the Individual attempted to enroll in a treatment program for his alcohol consumption. After two sessions, the licensed counselor determined that the Individual did not meet criteria for services. The Individual did not seek treatment or counseling elsewhere. However, the Individual did seek out another expert opinion, which was obtained in April 2022. The Individual's Expert did not diagnose the Individual with Alcohol Use Disorder (AUD). The Individual also testified that he attended one Alcoholics Anonymous (AA) meeting and two meetings of a similar faith-based group. The Individual completed a four-hour behavior modification course in February 2022, as well as a four-hour drug and alcohol awareness class the same month. At no point did the Individual indicate that he believed his alcohol consumption was maladaptive. At the hearing, the DOE Psychologist testified that the Individual did not show adequate evidence of rehabilitation or reformation.

At the time of the hearing, scarcely a year had passed since the DWI incident, and accordingly, it was recent enough to cast doubt on the Individual's current reliability, trustworthiness, and judgement. Further, the information in the record casted doubt as to whether the Individual's behavior, namely, consuming alcohol to the point of impaired judgment, was infrequent or occurred under unusual circumstances. Not only did the Individual fail to acknowledge that his alcohol consumption was maladaptive, but he failed to show a clear and established pattern of modified consumption or abstinence in accordance with treatment recommendations, which was abstinence for the span of twelve months . Additionally, the Individual was not engaging in counseling and was not participating in a treatment program. The record also failed to show that the Individual underwent and completed a treatment program. Based on the evidence, the Administrative Judge concluded that the Individual had not mitigated Guideline G concerns. (OHA Case No. PSH-22-0061, Rahimzadeh)