PSH-24-0130 - In the Matter of Personnel Security Hearing

On October 23, 2024, an Administrative Judge (AJ) determined that an Individual's access authorization should not be restored under 10 C.F.R. Part 710. The Individual was granted a security clearance in 2018. From March 2021 to November 2022, the Individual abused drugs as he felt pressured by his then-wife. He and his ex-wife separated in October 2022. In February 2023, the Individual submitted a Questionnaire for National Security Positions (QNSP) as part of his five-year reinvestigation. In the 2023 QNSP, the Individual failed to report his drug use. In January 2024, the Individual self-reported that he had used controlled substances from March 2021 to November 2022, in part because his ex-wife had threatened to blackmail him. The DOE Local Security Office (LSO) found that the Individual's drug involvement, personal conduct, and criminal conduct created a substantial doubt regarding his eligibility to hold a security clearance. After the hearing, the AJ found, among other things, that the Individual (1) used drugs for a year and 8 months due to his ex-wife's influence, (2) separated from his ex-wife and discontinued his drug use, (3) continuously failed to report his drug use to the LSO for 2 years and 10 months, and (4) abstained from drug use for a year and 10 months. Accordingly, the AJ determined that the LSO appropriately invoked Guidelines E, H, and J and that the Individual put forth sufficient evidence to resolve the Guidelines H and J security concerns. However, the AJ also determined that there was insufficient evidence to find Guideline E mitigated. Accordingly, the AJ concluded that the Individual's access authorization should not be restored. (OHA Case No. PSH-24-0130, Fishman)