PSH-17-0055 - In the Matter of Personnel Security Hearing

On January 16, 2018, an OHA Administrative Judge issued a decision in which he determined that an individual’s DOE access authorization should be restored. The individual revealed to the DOE that he had been involved in a September 2016 single car accident where he had been arrested for Driving While Intoxicated among other charges. A DOE consultant Psychologist determined that the individual suffered from a “personal limitation” involving a lack of “internal guidance” involving the individual’s inability to feel guilt or remorse. The individual submitted evidence from a psychiatrist and a therapist individuating that the individual suffered from Post-Traumatic Stress Disorder and that he was now being appropriately treated. Further, the psychiatrist disagreed with the DOE Psychiatrist’s opinion regarding the individual “personal limitation” and believes that the individual’s cultural norms and behavior were responsible for the individual’s lack of apparent feelings of guilt or remorse. The psychiatrist also stated that the individual was now being effectively treated with an antidepressant drug. Both the psychiatrist and the therapist, as well as the DOE facility’s Employee Assistance Program counsellor found that the individual did not have a psychological condition that would prevent him from effectively working with a clearance. Additionally, the Administrative Judge found that in the individual’s 19 year career at the DOE facility, he had only been cited for failure to wear a seatbelt in addition to the September 2016 accident and charges. None of the experts found that the individual had an alcohol use disorder. Given the evidence in the record, the Administrative Judge found that the individual had presented sufficient evidence to resolve the Guideline I and J concerns in this case. Consequently, the Administrative Judge found that the individual’s access authorization should be restored.  OHA Case No. PSH-17-0055 (Richard A. Cronin, Jr.)