PSH-24-0108 - In the Matter of Personnel Security Hearing

On August 19, 2024, an Administrative Judge determined that the Individual's access authorization should not be restored under 10 C.F.R. Part 710. In June 2023, the Individual was charged with Aggravated Driving While Intoxicated (DWI) and Open Container. The LSO subsequently issued a Letter of Interrogatory (LOI) and requested that the Individual be evaluated by a DOE-consultant Psychiatrist (DOE Psychiatrist), who found that he met sufficient Diagnostic and Statistical Manual of Mental Disorders -Fifth Edition (DSM-5) criteria for a diagnosis of Alcohol Use Disorder (AUD), moderate, without adequate evidence of rehabilitation or reformation. After receiving the DWI, the Individual participated in his employer's fitness for duty (FFD) alcohol and drug treatment program.  He testified that once he finished that and was cleared by the FFD, he consumed some alcohol again . At the hearing, he testified that he last consumed alcohol in November 2023. In his report, the DOE Psychiatrist recommended that the Individual should demonstrate alcohol abstinence for twelve months, participate in Alcoholics Anonymous (AA) or a similar program by attending three meetings per week, and provide monthly PEth tests. The Individual provided evidence that he restarted the alcohol treatment program with his employer and was attending the aftercare program. He also provided evidence that he had attended twelve AA type program sessions, however his attendance was sporadic at best. His counselor from his employer's aftercare program testified that he is enjoying the program and being sober. At the hearing, the DOE Psychiatrist stated that the Individual only partially complied with the recommendations that he provided in his report, however, he has not be abstinent for twelve months. The Administrative Judge found that none of the mitigating conditions have been satisfied and that the Individual had not demonstrated that he had resolved the security concerns arising under Guideline G. (OHA Case No. PSH-24-0108, Fishman)