Access Authorization not granted; Guidelines G (Alcohol Consumption)
Office of Hearings and Appeals
September 15, 2023On September 15, 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 completing a Questionnaire for National Security Positions (QNSP) in August 2022, the Individual disclosed that he sought alcohol -related treatment in July 2020. Subsequently, the Individual underwent an evaluation with a DOE consultant psychologist (DOE Psychologist). The DOE Psychologist diagnosed the Individual with Alcohol Use Disorder (AUD), Mild. The DOE Psychologist recommended that the Individual participate in one year of treatment to include abstinence from alcohol, and outpatient treatment of either Alcoholic Anonymous (AA) or SMART or individual alcohol treatment with a qualified alcohol counselor.
At the hearing, the Individual's EAP Counselor testified that the Individual completed her six -week alcohol education course and is participating in her Maintaining Changes alcohol treatment group . She stated that the Individual is in "beginning recovery" in learning how to tolerate his feelings and learning to use coping mechanisms, including by engaging in the resources that he has found in the last several months. The Individual's EAP Therapist testified that the Individual has established coping strategies to address triggers and has already been able to make "very deep inroads into his . . .grief, loss, trauma," including the death of his brother, and is learning about their connection to his alcohol use. The Individual provided negative PEth test results to support his testimony that he has been abstinent from alcohol for three months. He admitted he is an alcoholic and participates in AA, however, he stated he is stuck on the first AA step because he is having difficulty with having the willingness to accept that he is powerless against alcohol. The Individual also presented written evidence that he sees a psychiatric nurse practitioner for medication management and participates in additional individual counseling. The DOE Psychiatrist testified that although the Individual is "in excellent early recovery," it has only been three months and as such, he opined that there was not adequate evidence of rehabilitation or reformation. The Administrative Judge found that the Individual had not mitigated the security concerns under Guidelines G and, therefore, his access authorization should not be granted. (OHA Case No. PSH-23-0089, Balzon)