PSH-17-0092 - In the Matter of Personnel Security Hearing

On March 22, 2018, an OHA Administrative Judge issued a decision in which she determined that an individual’s DOE access authorization should be restored. To support the Guideline G security concerns, the LSO relied upon the May 2017 written evaluation by the DOE psychologist, in which she diagnosed the individual with Alcohol Dependence under the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition (DSM-IV).  Additionally, the LSO cited that:  (1) the individual’s BAC was .037 in August 2016 when he was selected for a random drug and alcohol screening at work; (2) he was informed by his employer’s physician in August 2016 that his “enzymes were high;” (3) in January 1998, he was charged with assault of a law enforcement officer, resisting arrest, and drunk in public; (4) in December 1998, he was charged with Driving Under the Influence (DUI); and (5) increased his alcohol tolerance since he began consuming alcohol at age 16.  After carefully considering the totality of the record, the Administrative Judge found that the individual’s clearance should be restored.  The individual readily acknowledged his pattern of maladaptive alcohol use, he has provided evidence of positive actions taken to overcome his problem (such as engaging in counseling, utilizing Rational Recovery, and actively engaging in Alcoholics Anonymous), and he has demonstrated a clear and established pattern of abstinence since February 2017.  Similarly, the individual has demonstrated that he is engaged in counseling, has no previous history of treatment and relapse, and is – according to all experts who testified – making satisfactory progress in treatment, to the point where the DOE psychologist opined that the individual has a low risk of relapse.  Consequently, based on all of the above, the Administrative Judge found that the individual’s access authorization should be restored.  OHA Case No. PSH-17-0092 (Janet R. H. Fishman).