PSH- 23-0036 - In the Matter of Personnel Security Hearing

On February 27, 2023, an Administrative Judge determined that an Individual's access authorization should not be restored under 10 C.F.R. Part 710. While on work-related travel, the Individual left the work site for a lunch break and did not return. Efforts to contact the Individual were unsuccessful . Approximately four hours later, the Individual contacted a coworker to retrieve belongings he had left behind and noted that the coworker should not be alarmed when he observed blood on the Individual . The Individual told the coworker and other colleagues that he had been assaulted. However, the Individual provided conflicting accounts of his whereabouts and the circumstances of his assault, and refused medical attention or to provide information to law enforcement. The Individual was subsequently evaluated by a DOE-contracted Psychologist (DOE Psychologist) who opined that, although the Individual did not meet the diagnostic criteria for any psychological condition, the Individual had personality traits that predisposed him to embellish facts to present himself in a positive light. At the hearing, the Individual admitted that he had provided false information concerning the incident, but continued to provide a dubious explanation for his actions following the alleged assault and did not fully resolve inconsistencies in the information that he provided to witnesses. The Administrative Judge concluded that the allegations under Guideline I should have been brought exclusively under Guideline E, and that the Individual had not resolved the security concerns raised by his erratic behavior and untruthfulness under Guideline E. Therefore, the Administrative Judge determined that the Individual's access authorization should not be restored. (OHA Case No. PSH- 23-0036, Harmonick)