Access Authorization not restored; Guidelines G (Alcohol Consumption); I (Psychological Conditions)
Office of Hearings and Appeals
July 27, 2023On July 27, 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 QNSP, the Individual reported prior DWI charges in 2006 and 2009. Subsequently, the Individual underwent an evaluation with a DOE consultant psychologist (DOE Psychologist). Based on the evaluation, the DOE Psychologist diagnosed the Individual with Alcohol Use Disorder (AUD), Severe, Posttraumatic Stress Disorder (PTSD), and Major Depressive Disorder (MDD), Recurrent, in remission. The DOE Psychologist recommended a list of steps the Individual should take in order to demonstrate rehabilitation and reformation from the AUD and to address PTSD and MDD. The recommendations including abstinence from alcohol, attendance at an IOP and AA, alcohol testing, participation in psychotherapy, and obtaining a consultation with a psychiatrist regarding antidepressants and other medications. At the hearing, the Individual testified that he was still consuming alcohol and had not yet undertaken any of the DOE Psychologist's recommendations. As such, the Administrative Judge determined that the Individual had not resolved the security concerns associated with Guideline G and Guideline I. Accordingly, she concluded that the Individual should not be granted access authorization. (OHA Case No. PSH-23-0065, Balzon)