Clearance Not Restored; Guideline G (Alcohol Consumption)
Office of Hearings and Appeals
March 27, 2018On March 27, 2018, an Administrative Judge determined that an individual’s access authorization under 10 C.F.R. Part 710 should not be granted. The individual is employed by a DOE contractor in a position that requires her to hold a DOE security clearance. As a result of a background investigation, the local security office called the individual to a Personnel Security Interview (PSI) in March 2017. In response to information gathered at the PSI, the DOE consulting psychologist evaluated the individual and concluded that she met the criteria for a diagnosis of Alcohol Use Disorder and/or habitually or binge consumes alcohol to the point of impaired judgment. During the hearing, the individual testified that she has completed an Intensive Outpatient Treatment program, has engaged in the Employee Assistance Program at her worksite, has participated in Alcoholics Anonymous, and has been practicing abstinence from alcohol. The DOE psychologist testified that she was very impressed with the individual’s participation in treatment and her commitment to the recovery process, however she stated that it is still early in the recovery process. She opined that the individual’s four months of sobriety would be adequate for her to be considered a moderate risk, but that six months of sobriety would be considered a low risk. The Administrative Judge concluded that, while the individual has made great progress in her rehabilitation efforts to date, she did not believe that the individual has demonstrated a clear and established pattern of abstinence with only four months of sobriety, as of the time of the hearing. She therefore found that the individual had not yet resolved the concerns regarding her alcohol consumption, and concluded that the individual’s access authorization should not be granted. (Kimberly Jenkins-Chapman)