Access Authorization Denied; Guideline G (Alcohol Consumption)
Office of Hearings and Appeals
June 21, 2024On June 21, 2024, an Administrative Judge determined that the Individual's access authorization should not be granted under 10 C.F.R. Part 710. In October 2023, the Individual was arrested for Driving While Intoxicated (DWI). At that time, his blood alcohol concentration registered at .10. He admitted that he consumed alcohol prior to driving. After the DWI, the Local Security Office sent the Individual for an evaluation with a DOE-consulting Psychologist (DOE Psychologist). In his December 2023 report, the DOE Psychologist opined that the Individual drinks habitually and binge consumes alcohol to the point of impaired judgement regularly. He recommended that the Individual stop consuming alcohol immediately, attend a weekly substance abuse treatment program from a licensed provider for twelve weeks, attend a relapse prevention group twice a month for three months after completing the treatment program, and attend the same program monthly for another six months . The DOE Psychologist also recommended that the Individual attend either Alcoholics Anonymous ( AA) or SMART Recovery and work to progress in one of those programs. At the hearing, the Individual and his father testified that he stopped consuming alcohol on March 13, 2024, and he had been attending AA twice a week since March 2024. The DOE Psychologist testified that he had not seen adequate evidence of reformation or rehabilitation from the Individual. He opined that the Individual's prognosis is fair and that he does not believe the Individual had an adequate understanding of the problems alcohol had caused in his life. Accordingly, the Individual was not able to demonstrate that he had resolved the security concerns arising under Guideline G. (OHA Case No. PSH-24-0070, Fishman)