PSH-23-0067 - In the Matter of Personnel Security Hearing

On July 3, 2023, an Administrative Judge determined that an Individual's access authorization under 10 C.F.R. Part 710 should not be restored. The Individual is employed by a DOE contractor in a position that requires him to hold a security clearance. In August 2022, the Individual tested positive on an employer mandated breath alcohol test (BAT). In November 2022, the Individual was evaluated by a DOE Psychologist. During the evaluation, the Individual asserted he had been abstinent from alcohol for two months, however, his Phosphatidylethanol (PEth) test result was positive at a level that reflected significant alcohol consumption. The DOE Psychologist diagnosed the Individual with Alcohol Use Disorder, Moderate, and found that he engages in habitual and binge consumption of alcohol. She further opined that the Individual attempted to lie by asserting claims of abstinence while consuming alcohol regularly. The DOE Psychologist recommended that the Individual abstain from alcohol for 12 months, participate in a twelve-step program such as Alcoholics Anonymous (AA), and undergo alcohol testing including PEth tests.

At the hearing, the Individual's testimony included several inconsistencies regarding his alcohol use which he did not resolve, and he did not fully acknowledge his untruthfulness regarding his alcohol consumption. Moreover, the Individual also testified that he had not yet undertaken any of the recommendations by the DOE Psychologist but he stated that he intended to seek help for his AUD soon after the hearing.  As such, the Administrative Judge found that the Individual had not mitigated the Guideline E and Guideline G security concerns. Accordingly, she concluded that the Individual's access authorization should not be restored. (OHA Case No. PSH-23-0067, Balzon)