PSH-23-0037 - In the Matter of Personnel Security Hearing

On May 23, 2023, an Administrative Jude 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 her to hold a security clearance. the Local Security Office (LSO) received potentially derogatory information regarding the Individual's alcohol consumption. Regarding the Guideline G allegations, the LSO alleged that after evaluating the Individual in September 2022 the second DOE Psychologist determined that the Individual meets the diagnostic criteria for Alcohol Use Disorder (AUD), Severe, in Early Remission, pursuant to the DSM-V, that this condition impaired her judgement, and that she did not show adequate evidence of rehabilitation or reformation . The LSO also alleged that in April 2019, the first DOE psychologist determined that the Individual met the diagnostic criteria for SU, Alcohol, Moderate, in early full remission, pursuant to the DSM -V. The LSO alleged that in July 2022, the Individual told her employer's Occupational Medicine (OM) psychologist that from September 2020 to June 2022, "she would consume one large alcoholic seltzer in addition to a quarter of a pint of vodka on most evenings after work and that on weekends she would consume several cans of alcoholic seltzer and a quarter of a pint of vodka. The LSO also indicated that the Individual "admitted that from late 2019 to September 2020, she 'drank excessively.'" Finally, the LSO alleged that in August 2018, the Individual was arrested and charged with DWI and Abuse of a Child when the breath alcohol test (BAT) registered results at .21 g/210L after she consumed five mini liquor bottles of whiskey and two beers prior to her arrest.

The Individual testified on her own behalf and presented the testimony of four other witnesses. The evidence in the record established that the Individual had been arrested and criminally charged in 2018 after consuming alcohol and driving. The Individual properly reported the 2018 incident and underwent treatment at an outpatient facility. The first DOE Psychologist who evaluated the Individual in 2019 diagnosed the Individual with Substance Use (SU), Alcohol, Moderate, in Early Full Remission. The Individual remained abstinent from alcohol for several months, and her alcohol consumption increased to the point where she admitted herself into an inpatient rehabilitation facility in 2022. The Individual completed the program, joined Alcoholics Anonymous (AA), regularly participated in EAP classes, sought one-on-one therapy with a counselor, and submitted to a number of alcohol tests, which were negative. The Individual also shifted her understanding of her alcohol consumption and her primary purpose in receiving treatment in 2022 was because she understood her alcohol consumption was maladaptive. Further, although the second DOE Psychologist diagnosed the Individual with AUD, she testified that the Individual had shown adequate evidence of rehabilitation and reformation. Accordingly, the Individual had mitigated the stated Guideline G concerns pursuant to the mitigating factor at ¶ 23(b). (OHA Case No. PSH-23-0037, Rahimzadeh)