PSH-24-0085 - In the Matter of Personnel Security Hearing

On September 10, 2024, an Administrative Judge issued a decision recommending that DOE not restore an Individual's security  clearance,  which  had  been  suspended  after  he  was arrested and charged with Driving Under the Influence of Alcohol (DUI). At the hearing, the Individual presented evidence that he had abstained from alcohol since his arrest, had completed an Intensive Outpatient Program (IOP) for substance abuse, was attending an aftercare  support  group,  and  was  attending  Alcoholics  Anonymous.  However,  he  had  not been attending the aftercare group for a year, as recommended to him, because he waited several months after graduating from the IOP to begin. He then admitted that several days after graduating from the IOP, he had consumed alcohol at a sporting event. He testified that he had not told his aftercare group, his employer, the DOE Psychologist who evaluated him, or his attorney for the present proceeding. He had not corrected his submissions to the court stating that he had abstained from alcohol since his arrest. The DOE Psychologist who had previously  evaluated  the  Individual  opined  that  the  Individual  was  not  rehabilitated  and reformed and had a fair prognosis for relapse. The Administrative Judge found that the Individual had not mitigated the concerns raised under Guidelines G and, accordingly, found that the Individual's security clearance should not be restored (OHA Case No. PSH-24-0085, Martin)