Summary of Decisions - June 19, 2023 - June 23, 2023

Personnel Security Hearing (PSH)

Access Authorization Denied; Guideline G (Alcohol Consumption)

On June 21, 2023, an Administrative Judge determined that an individual's access authorization under 10 C.F.R. Part 710 should not be granted. The Individual is employed by a DOE contractor in a position that requires him to hold a security clearance. In April 2022, as part of the security clearance application process, the Individual completed a Questionnaire for National Security Positions (QNSP). In the section entitled "Use of Alcohol," the Individual affirmatively answered a question regarding whether his use of alcohol has negatively impacted his work performance, relationships, finances, or resulted in intervention by law enforcement. Following his disclosures on the QNSP, the Individual underwent a psychological evaluation with a DOE consultant psychiatrist (DOE Psychiatrist). After evaluating the Individual, the DOE Psychiatrist diagnosed the Individual with Alcohol Use Disorder, Severe, and he determined that the Individual had not shown adequate evidence of rehabilitation or reformation. DOE Psychiatrist recommended a list of steps the Individual should take in order to demonstrate rehabilitation and reformation from the Alcohol Use Disorder. At the hearing, the Individual testified that he had not yet undertaken any of the steps recommended by the DOE Psychiatrist, but he intended to seek help for the Alcohol Use Disorder soon after the hearing. As such, the Administrative Judge found that the Individual had not yet mitigated the Guideline G security concerns. Accordingly, she concluded that the Individual's access authorization should not be granted. (OHA Case No. PSH-23-0059, Quintana)

Access Authorization Not Restored; Guideline F (Financial Considerations)

On June 22, 2023, an Administrative Judge (AJ) determined that an Individual's access authorization should not be restored under 10 C.F.R. Part 710. As part of a reinvestigation for his security clearance, in May 2022, the Individual completed a Questionnaire for National Security Positions ( QNSP) in which he reported that he had failed to file his Federal and State tax returns for tax years 2016-2021. In his LOI response, he stated he had not filed his delinquent taxes because he had lost a document that he needed for his 2016 taxes. During the hearing, the Individual testified that by the time he needed to file his 2017 taxes, he had received the missing form and had all the information he needed to file his 2016 tax return, however, he did not file any of his delinquent tax returns until four months prior to the hearing. He asserted that it took him additional time to prepare his tax returns in part due to having a learning disability, and he stated that by the time of his reinvestigation, he mistakenly thought he was only one to three years behind on not filing his taxes. The Individual testified that he was aware that he could have filed a tax extension, but chose not to do so. He also did not submit any corroborating evidence of his disability and admitted he could prepare and file his taxes on his own without assistance. He submitted documentation showing that he had filed his outstanding tax returns for 2016-2021 in February 2023. The AJ found that the Individual had not mitigated the Guideline F concerns because while he had ultimately filed his delinquent tax returns, that mitigating condition was outweighed by other factors. He delayed filing his taxes until very recently after being notified that his security clearance was suspended, his delay was inadequately justified, and he had not acted reasonably under the circumstances. Moreover, his behavior was frequent because he did not file taxes for six consecutive years without any significant change in his behavior or attempt at resolution. Thus, the AJ remained concerned regarding the Individual's future unwillingness to meet his tax obligations, and was not convinced that the Individual's behavior is unlikely to recur. Accordingly, she concluded that the Individual's access authorization should not be restored. (OHA Case No. PSH-23-0055, Balzon)

Access Authorization Not Granted; Guideline E (Personal Conduct); Guideline H (Drug Involvement and Substance Misuse)

On June 23, 2023, an Administrative Judge (AJ) determined that an Individual should not be granted access authorization under 10 C.F.R. Part 710. The DOE Local Security Office (LSO) suspended the Individual's security clearance because she had omitted information regarding her past marijuana use from a security clearance questionnaire, during an investigatory interview, and in investigative paperwork.

At the conclusion of the hearing, the AJ determined the following. The LSO appropriately invoked Guidelines E and H. In finding that the Individual did not put forth sufficient evidence to resolve the Guideline E concerns, the AJ noted that the Individual's dubious explanation for the motivation behind her conduct did not remove his concern that the behavior is unlikely to recur. However, the AJ did find that the Guideline H concerns were resolved because so much time had passed since her marijuana use, and she successfully maintained her abstinence as a result of making positive changes . Because the Guideline E concerns remained unresolved, the AJ concluded that the Individual should not be granted access authorization. (OHA Case No. PSH-23-0069, Thompson III)