PSH-22-0074 - In the Matter of Personnel Security Hearing

On August 2, 2022, an Administrative Judge determined that an Individual's access authorization under 10 C.F.R. Part 710 should be restored. The Individual is employed as a DOE contractor in a position that requires him to hold a DOE security clearance. The Individual notified the local security office (LSO) of his arrest for on July 5, 2021, for Driving Under the Influence (DUI). Because the Individual had a prior arrest for DUI in 2011, the LSO referred the Individual to be examined by a DOE consultant psychologist (Psychologist). After examining the Individual, the Psychologist diagnosed the Individual with Alcohol Use Disorder, Moderate, and indicated that he was in early remission. She found that the Individual did not have a favorable prognosis at that time, and she recommended that the Individual remain abstinent for a period of twelve months, and that breathalyzer tests given to the Individual by his employer "should be 'supported' by at least two PEth tests" over a twelve-month period. The DOE Psychologist also recommended that the Individual attend weekly AA (or a similar program) meetings.

The Individual and his spouse provided testimony at the hearing as to the Individual's current 12 months abstinence from alcohol along with test results to confirm his testimony. The Individual resumed attending AA meetings again after he received the DOE Psychologist's report. At the time of the hearing, the Individual had attended approximately 27 AA meetings since March 2022.  At the time of the hearing, the Individual had received AA chips marking 90 days of sobriety, two months of sobriety, and one year of sobriety. The Individual also testified as to his family support group and that in the future he would consider resuming limited consumption of alcohol.

After listening to all the testimony presented at the hearing, the DOE Psychologist testified that she determined that the Individual met the diagnostic criteria for AUD, Moderate, and further, that at the time she evaluated him, he was in early remission. The DOE Psychologist, in her testimony, noted stated that although AA recommends abstinence, she also referenced in her report other support groups that would be equivalent to AA that do not mandate total abstinence. Based on the information presented to her, the DOE Psychologist indicated that she believes the Individual has "created his own program for setting that goal of?very occasional controlled drinking." At the hearing, the DOE Psychologist determined that the Individual had shown adequate evidence of rehabilitation and reformation, and that the Individual's prognosis is good and his chance of relapse is minimal.

Based on the testimony of all witnesses and the evidence submitted, the Administrative Judge concluded found the Guidelines G security concerns had been resolved and that the Individual's access authorization should be restored. (OHA Case No. PSH-22-0074, Cronin)