Summary of Decisions - October 10, 2022 - October 14, 2022

Personnel Security Hearing (PSH)

Access Authorization Not Granted; Guideline F (Financial Considerations) & Guideline I ( Psychological Conditions)

On October 11, 2022, an Administrative Judge determined that an Individual should not be granted access authorization under 10 C.F.R. Part 710. The Individual submitted a Questionnaire for National Security Positions in which he disclosed having incurred significant gambling losses, being arrested for trespassing in a casino after having placed himself on a list of excluded problem gamblers, failing to pay federal and state personal income taxes, owing back child support, and falling into delinquency on numerous consumer debts. A DOE-contracted psychologist (DOE Psychologist) conducted a clinical interview of the Individual and determined that he met sufficient diagnostic criteria for a diagnosis of Gambling Disorder, in recent remission, under the Diagnostic and Statistical Manual of Mental Disorders - Fifth Edition. At the hearing, the Individual provided evidence that he had resolved the significant majority of his child support arrears and testified that he had not gambled for approximately five months. However, he had not paid or made arrangements to pay his unpaid taxes or consumer debts. Additionally, the DOE Psychologist opined that the Individual's Gambling Disorder continued to impair his reliability and judgment and that his prognosis for recovery was guarded. As the Individual had not made arrangements to resolve his unpaid taxes and debts, and his self - described financial position was precarious, the Administrative Judge concluded that the Individual had not resolved the security concerns under Guideline F. In light of the DOE Psychologist's negative prognosis for the Individual's future ability to avoid problematic gambling, the Administrative Judge likewise concluded that the Individual had not resolved the security concerns under Guideline I . Therefore, the Administrative Judge determined that the Individual should not be granted access authorization. (OHA Case No. PSH-22-0097, Harmonick)

Access Authorization Not Restored; Guideline G (Alcohol Consumption); Guideline J ( Criminal Conduct)

On October 13, 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. Under Guideline G, the LSO alleged that on March 11, 2022, a DOE-contracted Psychologist (DOE Psychologist) evaluated the Individual and, in a subsequent report dated March 24, 2022, determined that the Individual met the diagnostic criteria for Alcohol Use Disorder (AUD) and that he did not show adequate evidence of rehabilitation or reformation. The LSO further alleged that on December 17, 2021, the Individual was charged with Driving While Intoxicated (DWI) "after he consumed eight, 16-ounce" beers, resulting in a blood alcohol content (BAC) of 0.258%. The LSO also alleged that the Individual was charged with Assault Causes Bodily Injury, Family Member in September 2006 after consuming alcohol, Public Intoxication in 1996, and Drunkenness, Public Intoxication in 1992. Under Guideline J, the LSO alleged that the Individual was arrested and charged with alcohol -related offenses in 2021, 2006, 1996, and 1992.

At the hearing, the Individual, his former supervisor, his wife, and the DOE Psychologist testified. The evidence in the record established that the Individual self -reported the December 2021 DWI, and that he subsequently saw an Occupational Health Services (OHS) Psychologist on three separate occasions and a Licensed Professional Counselor (LPC) on two occasions at the behest of his employer. The LPC recommended that the Individual participate in and complete an intensive outpatient treatment program (IOP). The DOE Psychologist diagnosed the Individual with AUD and did not find adequate evidence of rehabilitation or reformation and made a number of recommendations by which the Individual could show adequate evidence of rehabilitation or reformation, which included either the attendance and completion of an IOP or regular attendance of a self-help group.

The record indicated that the Individual had been abstinent from alcohol since December 17, 2021, and that the Individual did not feel that his alcohol consumption was maladaptive. Outside of the sessions with the LPC, the record does not indicate that the Individual sought or completed any further treatment, counseling, or therapy. The evidence also indicates that the Individual did not seek treatment through an IOP and did not attend Alcoholics Anonymous (AA) meetings or a similar self- help group.

Further, although the record contains multiple assurances that the alcohol -related criminal behavior would not recur in the future, the Individual did have another alcohol -related incident in December 2021, the DWI. There was no evidence that the Individual had completed probation, obtained higher education, further job training, or constructive community involvement that would demonstrate successful rehabilitation. Although the Individual's supervisor testified that the Individual was a good employee, the lack of any treatment to address his maladaptive alcohol use, which underpins the aforementioned criminal behavior, is a strong indication that the Individual has not been successfully rehabilitated. Further, there was no evidence that the Individual was pressured or coerced into committing the criminal acts or that he did not commit the acts.

Based on the evidence, the Administrative Judge concluded that the Individual had not mitigated the Guideline G and Guideline J concerns pursuant to the mitigating factors of the Adjudicative Guidelines. (OHA Case No. PSH-22-0108, Rahimzadeh)

Access Authorization Restored; Guideline G (Alcohol Consumption)

On October 14, 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 concerning information regarding the Individual's alcohol consumption because, in early December 2021, the Individual properly self-reported that he suffered from a "blackout syncope episode" while receiving work-related training that was likely caused by excessive alcohol consumption. As a result of the information provided, the LSO instructed the Individual to undergo a psychiatric evaluation conducted by a DOE-consultant Psychiatrist (DOE 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 that (1) the DOE Psychiatrist concluded that the Individual met the diagnostic criteria for AUD, Severe, in Early Remission without adequate evidence of rehabilitation or reformation pursuant to the DSM-V; (2) the Individual's blackout syncope episode was the result of excessive alcohol use, and (3) the Individual's alcohol consumption increased from approximately late June 2021 to November 2021 and ultimately resulted in the Individual consuming ten, 12-ounce beers a night, and further, the Individual would have to consume three, twelve-ounce beers in three hours to achieve a state of intoxication.

The AJ also concluded that the Individual put forth sufficient evidence to resolve the Guideline G security concerns for the following reasons. The record demonstrated that the Individual recognized his alcohol use was maladaptive. The record also contained evidence of the significant actions he had undertaken to overcome the problem, including remaining abstinent in accordance with treatment recommendations. The Individual had been abstinent since November 2021, which was supported by a series of negative PEth, EtG, and random BAC tests. He successfully completed an IOP and participated in an alcohol awareness course through his employer's EAP. He had been attending an online recovery program, engaging in group therapy conducted by his EAP counselor, and receiving regular therapy with his Individual therapist for approximately one year. Furthermore, the record demonstrated that the Individual has learned to cope with the very work stressors that triggered his maladaptive alcohol consumption, and he acknowledged that the benefits he had experienced incentivize him to remain abstinent. Further still, the FFD provider opined that the Individual's prognosis was positive-echoing the sentiment of the IOP provider. Lastly, the DOE Psychiatrist concluded that the Individual, by remaining abstinent and complying with treatment recommendations, had demonstrated rehabilitation.

Accordingly, the AJ concluded that the Individual had resolved the Guideline G security concerns. (OHA Case No. PSH-22-0098, Thompson)