PSH-23-0141 - In the Matter of Personnel Security Hearing

On January 11, 2024, an Administrative Judge (AJ) determined that the Individual's access authorization should not be restored under 10 C.F.R. Part 710. On January 28, 2022, the Individual was arrested and charged for Driving While Intoxicated (DWI). The DOE also discovered, as part of its Continuous Evaluation System, that he was again arrested and charged for DWI on October 28, 2022, but he had failed to self-report this arrest in the required timeframe. Due to alcohol related concerns, the Individual underwent a psychological assessment with a DOE consultant psychologist ( DOE Psychologist) in May 2023. The DOE Psychologist ultimately diagnosed the Individual with Alcohol Use Disorder (AUD), Mild, without adequate evidence of rehabilitation or reformation. The DOE Psychologist recommended that the Individual should abstain from alcohol for a minimum of six months, undergo monthly PEth testing, and attend weekly counseling with a therapist knowledgeable about substance abuse in order to demonstrate rehabilitation and reformation from AUD. At the hearing, the Individual sought to explain circumstances surrounding his failure to report the October 2022 DWI. Regarding his criminal history, while he stated that he completed the court ordered requirements for his first DWI, he admitted that his October 2022 DWI case is still pending and he was still waiting to find out whether he would be accepted into a court-ordered DWI program. He also testified that he had not yet undertaken any of the DOE Psychologist's recommendations and admitted to consuming alcohol twice in November 2023, including a binge drinking episode that occurred six weeks prior to the hearing. The DOE Psychologist testified that the Individual had not yet established adequate evidence of rehabilitation or reformation regarding his AUD. Ultimately, the Administrative Judge determined that the Individual had failed to mitigate the Guideline E, Guideline G, and Guideline J security concerns, and she concluded that the Individual's access authorization should not be restored. (OHA Case No. PSH-23-0140, Balzon) 
Access Authorization Not Restored; Guideline G (Alcohol Consumption) On January 11, 2024, an Administrative Judge determined that an Individual's access authorization should not be restored under 10 C.F.R. Part 710. In March 2023, the Individual tested positive on a random workplace alcohol test. The Individual met with a DOE-contracted psychologist (DOE Psychologist) for a psychological evaluation, following which the DOE Psychologist issued a report in which she diagnosed the Individual with Unspecified Alcohol-Related Disorder (UAD) and opined that he was habitually or binge consuming alcohol to the point of impaired judgment. The DOE Psychologist recommended that the Individual undergo alcohol-related treatment and abstain from alcohol for three months. At the hearing, the Individual provided evidence that he had undergone alcohol-related treatment as recommended by the DOE Psychologist. However, he had not abstained from alcohol for three months. The DOE Psychologist testified at the hearing that the Individual's UAD was not in remission and that he presented at least a moderate level of risk of relapse into problematic alcohol use. In light of the Individual's failure to abstain from alcohol as recommended, and the DOE Psychologist's unfavorable prognosis, the Administrative Judge determined that the Individual had not resolved the security concerns asserted by the local security office under Guideline G. Therefore, the Administrative Judge determined that the Individual's access authorization should not be restored. (OHA Case No. PSH-23-0141, Harmonick)