PSH-22-0064 - In the Matter of Personnel Security Hearing

On August 24, 2022, an Administrative Judge determined that an individual's access authorization under 10 C.F.R. Part 710 should be granted. The Individual is employed by a DOE contractor in a position that requires him to hold a DOE security clearance. To support the Guideline G security concerns, the LSO relied upon the fact that the DOE Psychiatrist (Psychiatrist) determined in his December 2021 report that the Individual suffered from Alcohol Use Disorder, Moderate, in early remission, without adequate evidence of rehabilitation or reformation, and that he binge consumes alcohol to the point of impaired judgment.  The LSO further relied upon the Individual's admissions from his LOI response in which disclosed that after he sought alcohol treatment January 2019, he resumed alcohol consumption approximately one year prior to his LOI response, and last consumed alcohol on October 1, 2021, when he drank to intoxication.

At the hearing, the Individual testified that he has been actively participating in a SMART recovery program on a weekly basis since February 2022, and he submitted his attendance records to support his testimony. He asserted that he had been abstinent from alcohol since his last use on October 1, 2021, and submitted two negative EtG hair tests to corroborate his assertions of abstinence, although alcohol testing was not included among the recommendations made in the Psychiatrist's report. The Individual acknowledged that he has an Alcohol Use Disorder and cannot consume alcohol. He testified to the skills he has developed through his SMART recovery program, his efforts to maintain outside accountability for his sobriety through his recovery group and his church, and how they have aided him in sobriety. He also presented testimony from his SMART recovery facilitator and five additional witnesses, all of whom supported his testimony of his progress in recovery and assertions of abstinence since October 2021. The Psychiatrist opined that the Individual had demonstrated adequate evidence of rehabilitation and reformation from the Alcohol Use Disorder, Moderate. After considering the evidence in the record and testimony presented at the hearing, the Administrative Judge determined that the Individual had resolved the security concern associated with Guideline G. Accordingly, she concluded that the Individual's access authorization should be granted. (OHA Case No. PSH-22- 0064, Balzon)