PSH-23-0129 - In the Matter of Personnel Security Hearing

On December 21, 2023, an Administrative Judge determined that the Individual's access authorization should not be granted under 10 C.F.R. Part 710. In November 2022, the Individual completed a Questionnaire for National Security Positions (QNSP) on which he admitted that he was hospitalized for issues related to alcohol misuse in May 2021 and October 2021. After evaluating the Individual, a DOE-consulting Psychiatrist (DOE Psychiatrist) opined that the Individual had an Alcohol Use Disorder (AUD), severe, in partial remission. He also opined that the Individual had not demonstrated adequate evidence of rehabilitation or reformation.  The Individual's Phosphatidylethanol (PEth) test, taken immediately following the evaluative interview, was positive with a reading of 157 ng/mL. At the hearing, the Individual testified that he began overconsuming alcohol with the onset of the pandemic due to isolation and depression. He stated that the May 2021 hospitalization was for medical monitoring for his withdrawal symptoms. Although he completed a two -week outpatient treatment program following that hospitalization, the program consisted of primarily YouTube videos, with no individual or group counseling. By October 2021, the Individual was again overconsuming alcohol. He entered an inpatient rehabilitation program, which included one -on-one counseling, group counseling, and seminars to help with abstinence.  Following his two weeks at the inpatient program, he was linked with outpatient group therapy and one -on-one counseling with an alcohol therapist.  That therapy continued from November 2021 until June 2022, at which time the therapist discharged the Individual with the instruction that he contained the proper skills and knowledge to avoid a relapse in the future should he decide to consume alcohol in the future. 

At the hearing, the Individual presented letters from four medical professionals: a psychiatrist, a psychologist, the IRP-recommended therapist, and his current therapist. Only the IRP -recommended therapist and his current therapist have treated the Individual. All four of these medical professionals were of the opinion that the Individual could consume alcohol moderately. After hearing the testimony and reviewing the submissions, the DOE Psychiatrist confirmed his opinion that the Individual was suffering from AUD, severe, in partial remission. He also confirmed that the Individual had not demonstrated adequate evidence of rehabilitation or reformation. He concluded that the Individual had demonstrated three months of sobriety and two months of attending the SMART program, which was insufficient to show rehabilitation or reformation from his AUD, severe, diagnosis. Especially important was that, based on the results of the PEth test, the Individual underreported his alcohol consumption prior to the evaluation. Additionally, the DOE Psychiatrist denoted that the Individual had two significant failures at attempting to drink in moderation. This coupled with his underreporting to the DOE Psychiatrist convinced the Administrative Judge that he had not mitigated the concerns raised by his alcohol consumption. Accordingly, the Individual was not able to demonstrate that he had resolved the security concerns arising under Guideline G. (OHA Case No. PSH-23-0129, Fishman)