PSH-23-0015 - In the Matter of Personnel Security Hearing

On March 29, 2023, an Administrative Judge determined that the Individual's access authorization should 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 and criminal conduct . Regarding the Guideline G charges, the LSO alleged that following a psychological evaluation conducted in July 2022, the DOE Psychologist issued a Report in the next month, in which she diagnosed the Individual with Alcohol Use Disorder (AUD), Moderate, in Early Remission. Further, in June the Individual was arrested and charged with Driving While Intoxicated (DWI), after consuming " four beers and three shots" and that the Individual was arrested and charged with DWI in July 2019 after consuming "six to eight mixed drinks, and one shot of whiskey prior to his arrest." Regarding Guideline J, the LSO alleged that the Individual was arrested and charged with the aforementioned criminal offenses in 2019 and 2022, and further, that in April 2001, the Individual was arrested and charged with "DWI involving Drugs."

The Individual, the DOE Psychologist, and five other witnesses testified at the hearing. The evidence in the record established that the Individual properly self -reported the 2019 and 2022 DWIs, and that he enrolled in an IOP following the 2019 incident. He also remained abstinent for some time after the 2019 DWI but began consuming alcohol again. After the 2022 DWI, the Individual came to understand that his alcohol consumption was maladaptive, began abstaining from alcohol, and became subject to random breath alcohol testing and monthly Phosphatidylethanol (PEth) testing at the behest of his employer, the results of which were negative. Following a July 2022 psychological evaluation with the DOE Psychologist, the Individual enrolled in a ninety -day IOP in late August 2022, and successfully completed the program in November 2022. The Individual also received one-on-one therapy and attended weekly aftercare sessions. At the hearing, the DOE Psychologist determined that the Individual had shown adequate evidence of rehabilitation and reformation and that his prognosis was very good.

Based on the evidence, the Administrative Judge concluded that the Individual had mitigated Guideline G concerns pursuant to the mitigating factor at ¶ 23(b) and (d) of the Adjudicative Guidelines. Because the criminal conduct in which the Individual engaged was a direct result of his maladaptive alcohol consumption and the Individual had resolved the Guideline G concerns, he had also resolved the Guideline J concerns. Based on the foregoing, the Administrative Judge conclude that the Individual had mitigated the Guideline J concerns pursuant to ¶ 32(a). Additionally, as there was no allegation or evidence of illicit substance abuse after the 2001 DWI, the Administrative Judge was convinced that so much time had elapsed since the criminal behavior happened, that it is unlikely to recur and does not cast doubt on the individual's reliability, trustworthiness, or good judgment. (OHA Case No. PSH-23-0015, Rahimzadeh)