Access Authorization denied; Guideline G
Office of Hearings and Appeals
May 5, 2023On May 5, 2023, an Administrative Judge (AJ) determined that the Individual's access authorization under 10 C.F.R. Part 710 should not be restored.
A Local Security Office (LSO) received a report from the Individual's manager (the Manager) reporting his concerns about the Individual's alcohol use, which he believed had caused the Individual's conduct and work performance to become "erratic and unpredictable."
The Individual responded to the Manager's concerns by taking action to address his alcohol issues . He attended an inpatient alcohol treatment program (ITP), where he was diagnosed with Alcohol Use Disorder (AUD) and then an intensive outpatient program (IOP) and successfully completed both programs. The Individual was attending aftercare, where he received individual and group counseling and medication. Moreover, the Individual had become thoroughly engaged in AA, having completed 90 meetings during his first 90 days, obtained a sponsor, and commenced working AA's Twelve -step program. The Individual had also developed a strong support network, consisting of his wife, and his AA group. The AJ was impressed with the Individual's commitment to his sobriety and the amount of progress that he had made in a short time. However, the AJ remained concerned with the relative recency of the Individual's sobriety which had only begun three and a half months prior to the hearing . The AJ found that three and a half months of sobriety was too short a time period for the Individual to have established a sufficient pattern of abstinence from alcohol to demonstrate that his AUD has been resolved, and that the concerning behavior is unlikely to recur, given its severity.
The Administrative Judge therefore concluded that the Individual's access authorization should not be restored. (OHA Case No. PSH-23-0057, Fine)