PSH-23-0120 - In the Matter of Personnel Security Hearing

On October 26, 2023, an Administrative Judge determined that the Individual's access authorization should not be granted under 10 C.F.R. Part 710. In September 2022, the Individual completed a Questionnaire for National Security Positions (QNSP) which contained numerous omissions and falsifications. When confronted about the omissions and falsifications in a Triggered Enhanced Subject Interview (February 1 TESI) with an Office of Personnel Management (OPM) investigator on February 1, 2023, the Individual denied the underlying facts. The Individual underwent a second TESI on February 27, 2023 (February 27 TESI), during which he corrected some of the previously falsely reported information. In addition to the omissions and falsifications, the Local Security Office (LSO) referred the Individual for a psychological assessment, which occurred on May 8, 2023. On May 19, 2023, the DOE Psychologist issued the results of the psychological assessment (Report) in which she opined that the Individual had demonstrated repeated problematic behaviors consistent with poor judgment, emotional instability and impulsivity, and lack of trustworthiness. She continued that his " constellation of personality traits is a mental /personality condition with impairs judgment, stability, reliability, and trustworthiness." The LSO also determined that the Individual had been charged with aggravated assault with a deadly weapon after a road rage incident in March 2020 and embezzlement in September 2019.

The Individual, his mother, his friend, and the DOE Psychologist all testified at the hearing. The Individual failed to satisfactorily explain his omissions and falsifications. He claimed that the omissions or falsifications were the result of timeline confusion. Alternatively, he claimed that some of the information uncovered during the background investigation was not true. Regarding the criminal charges, the Individual stated that while the road rage incident occurred, he did not brandish a gun . He admitted that he stole the underlying items involved in the embezzlement charge, with the permission of his supervisor if he was not seen. The Individual admitted that he knew it was wrong to take the items. At the hearing the DOE Psychologist confirmed her opinion that the Individual suffered from a constellation of personality traits is a mental /personality condition which impairs judgment, stability, reliability, and trustworthiness.  The Administrative Judge determined that the Individual had not mitigated the Guidelines E, I, or J concerns. Accordingly, the Individual was not able to demonstrate that he had resolved the security concerns arising under Guidelines E, I, or J. ( OHA Case No. PSH-23-0120, Fishman)