PSH-23-0051 - In the Matter of Personnel Security Hearing

On May 17, 2023, an Administrative Judge determined that an Individual's access authorization under 10 C.F.R. Part 710 should be granted.

The Individual's employer sought an access authorization for the Individual. During the local security office's investigation, the Individual disclosed that she had sought mental health treatment in the spring of 2000 and had been diagnosed as suffering from bipolar mood disorder and alcoholic depression. The Individual reported in a Questionnaire for National Security Position that in May 2013 she had been given a diagnosis of borderline personality disorder (BPD) while serving in the military. She also reported on the QNSP that in December 2013 she had been hospitalized because she had thoughts of self-harm.

The Individual was then examined by a DOE Psychologist who found that The DOE Psychologist issued a psychological assessment (Report) in which he opined that the Individual met sufficient diagnostic criteria for a diagnosis of somatic symptom disorder, moderate, and unspecified personality disorder under the Diagnostic and Statistical Manual of Mental Disorders - Fifth Edition ( DSM 5). Id. at 16. The DOE Psychologist also opined that these conditions could result in behavior that could affect her judgment, reliability, and trustworthiness. Specifically, are highly likely to result in behavior that casts significant doubt on [the Individual's] judgment, stability, reliability, or trustworthiness, not covered under any other guideline and that may indicate an emotional, mental, or personality condition, including, but not limited to, irresponsible, violent, self -harm, suicidal, paranoid, manipulative, impulsive, chronic lying, deceitful, exploitative, or bizarre behaviors. He also noted that " there is no indication that [the Individual] has demonstrated past violent or reckless behavior, but an untreated personality disorder, especially one that includes Cluster B personality traits, would be highly likely to be characterized by episodes of mood lability, impulsive behavior, depression, and thoughts of self-harm, and would significantly decrease [the Individual's] judgement and reliable decision-making."

At the hearing the Individual presented the testimony of another forensic psychologist who disagreed with the DOE Psychologist's diagnosis for a number of reasons. Most notable was the DOE Psychologist's finding that his diagnosis could in the future result in problematic behaviors. He noted that personality disorder arises early in life and that there was no evidence that the Individual was now or had exhibited the behaviors described in the DOE Psychologist diagnosis.

The Administrative judge found that the testimony of the Individual's forensic psychologist was more convincing that that of the DOE Psychologist and that it had been supported by the lack of evidence of problematic behaviors in the past decade. Consequently, the Administrative Judge found that the Individual had resolved the Guideline I security concerns and that the Individual should be granted a security clearance. (OHA Case No. PSH-23-0051, Cronin)