PSH-23-0040 - In the Matter of Personnel Security Hearing

Access Authorization Denied; Guideline I (Psychological Conditions)

Office of Hearings and Appeals

July 3, 2023
minute read time

On July 3, 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 May 2022, during a Triggered Enhanced Subject Interview, conducted as part of the application for a security clearance, the Individual revealed that, in April 2022, he voluntarily hospitalized himself for a mental health condition. As a result of this disclosure, the Individual underwent an evaluation by a DOE consultant psychiatrist (DOE Psychiatrist) in September 2022. After evaluating the Individual, the DOE Psychiatrist diagnosed the Individual with Schizophreniform Disorder, with good prognostic features. At the hearing, the Individual's personal psychiatrist (Personal Psychiatrist) testified that he had diagnosed the Individual with Schizophrenia. The Personal Psychiatrist and the Individual's therapist both testified that the Individual had consistently followed all treatment recommendations. However, despite the positive steps the Individual had taken to manage his condition, he suffered a psychotic episode as recently as November 2022. Due to the difficulty of the Individual's condition as well as the recency of his diagnosis and symptom management, the Administrative Judge found that the Individual had not yet mitigated the Guideline I security concerns. Accordingly, she concluded that the Individual's access authorization should not be granted. (OHA Case No. PSH-23-0040, Quintana)

 

PSH-23-0040.pdf (209.83 KB)