Access Authorization Granted; Guideline I (Psychological Conditions)
Office of Hearings and Appeals
February 23, 2024On February 23, 2024, an Administrative Judge determined that an individual's access authorization under 10 C.F.R. Part 710 should be granted. The Individual is an employee with a DOE contractor in a position that requires her to hold a security clearance. In November 2022, as part of the security clearance application process, the Individual completed a Questionnaire for National Security Positions (QNSP). In response to a question regarding her psychological and emotional health, the Individual reported that she had been diagnosed with Borderline Personality Disorder (BPD) in approximately November 2021. The Individual subsequently underwent a psychological evaluation with a DOE-consultant psychologist (DOE Psychologist) who determined that the Individual met the criteria for BPD, which she stated is "a condition that impairs judgment, reliability, and trustworthiness." The Individual's psychiatrist (Psychiatrist) testified on her behalf, stating that he disagreed with the diagnosis. The Individual's testimony detailed her growth through group and individual therapy as well as the changes she had implemented in her life. Although the DOE Psychologist stood by her original diagnosis of BPD, the Administrative Judge found the testimony of the Psychiatrist and Individual to be compelling. Ultimately, she determined that the Individual had mitigated the Guideline I security concerns, and she concluded that the Individual's access authorization should be granted. (OHA Case No. PSH-24-0014, Quintana)