PSH-24-0182 - In the Matter of Personnel Security Hearing

On December 31, 2024, an Administrative Judge determined that the Individual's access authorization should restored under 10 C.F.R. Part 710. In February 2024, the Individual was arrested for Driving Under the Influence (DUI). Subsequently, he was diagnosed with Alcohol Use Disorder (AUD), Mild, in early remission. In anticipation of the hearing, the Individual met with both a psychologist and counselor, neither of who concluded that he met the criteria for AUD. At the hearing, the Individual's therapist from the court-ordered diversion program asserted that the Individual did not have an addiction but rather a desire to "fit in with the group." The Individual testified that he had not had any alcohol since his DUI in February 2024. The DOE Psychiatrist testified that, after listening to all the testimony and reviewing the administrative record, he concluded that the Individual was adequately rehabilitated. The Administrative Judge found that the Individual had mitigated the security concerns under mitigating factors (c) and (d) of the Adjudicative Guidelines and therefore had mitigated the Guideline G concerns. (OHA Case No. PSH-24-0182, Fishman)