PSH-23-0072 - In the Matter of Personnel Security Hearing

On July 6, 2023, an Administrative Judge determined that an Individual's access authorization under 10 C.F.R. Part 710 should be restored.

On July 15, 2022, the subject was arrested for Battery on a Household Member and Destruction of Private Property. The subject admitted to drinking and got into an argument with his wife. During the argument, he grabbed two dresser drawers and threw them to the ground - one of which allegedly knocked over his wife. The Local Security Office (LSO) then issued the Individual a Letter of Interrogatory inquiring about the Individual's arrest and his alcohol consumption. The Individual was later referred for an examination to a DOE-contractor psychologist who issued a report (Report) that found that the Individual had been habitually consuming alcohol to the point of impaired judgment and that there was no evidence that the Individual had demonstrated rehabilitation or reformation from his alcohol misuse problem.

While in jail pursuant to his arrest, the Individual had an "epiphany" that he needed to permanently abstain from alcohol consumption. When he was released from jail, he reported his arrest to the LSO . At work, he was referred to the facility's EAP and spoke to the EAP psychologist on four occasions who gave him suggestions regarding treatment such as attending Alcoholics Anonymous (AA), obtaining counselling and submitting to PEth tests to confirm his abstinence.

The Individual testified that his approach to treatment changed when in mid -February 2023 he received a copy of the DOE psychologist's Report, and his clearance was suspended.  Additionally, the Individual was required to sign a contract concerning certain workplace requirements to remain at work, such as entering into an agreement to remain sober and submitting to random urine analysis test for alcohol. Consequently, on March 6, 2023, he began individual therapy from the Therapist and began to obtain PEth tests to confirm his sobriety. The Individual attends church twice a week and has had "nine or ten" meetings with the Therapist.

The Individual's therapist (Therapist) testified as to the changes she has observed in the Individual during counselling the Therapist believes that the Individual's prognosis is "good", and his risk of relapse is close to "low." Since the original DOE psychologist was not available to testify another DOE Psychologist testified in his stead. The DOE Psychologist found the Individual had substantially complied with the requirement for regular alcohol testing from the date the Individual received the Report in February 2023. As for the other elements of the Report's recommendations regarding treatment, the DOE Psychologist found that the Individual had complied with the requirement that he be abstinent from alcohol; that, after reviewing the Individual's PEth tests and the testimony presented at the hearing, the Individual began his abstinence on July 16, 2022; and that he has essentially complied with the Report's recommendation that the Individual be abstinent for 12 months, even though as of the date of the hearing the Individual has been abstinent for ten and one -half months. This was especially true given the fact that the DOE psychologist did not diagnose the Individual as suffering from the more severe diagnosis of alcohol use disorder.

In light of the testimony and the other evidence presented at the hearing, the Administrative Judge found that the Individual had offered sufficient evidence from which the Administrative Judge concluded that the Guideline G security concerns had been resolved. Consequently, the Administrative Judge found that that the Individual's clearance should be restored. (OHA Case No. PSH-23-0072, Cronin)