On June 8, 2018, an Administrative Judge determined that an individual’s access authorization under 10 C.F.R. Part 710 should be restored. The individual is employed by a DOE contractor in a position that requires him to hold a DOE security clearance. In April 2017, the individual reported that he had entered an outpatient alcohol treatment program. As a result, the local security office called the individual to a Personnel Security Interview (PSI) in July 2017. In response to information gathered from the PSI and background investigation, a DOE consulting psychologist evaluated the individual. The DOE psychologist concluded that the individual met the criteria for a diagnosis of Alcohol Use Disorder, Severe, without adequate evidence of rehabilitation or reformation. During the hearing, the individual testified that as of November 21, 2017, he enrolled in and completed an Intensive Outpatient Treatment (IOP) program, he has been attending Aftercare meetings and meeting with a counselor, he has been participating in Alcoholics Anonymous (AA), and that he has been practicing abstinence from alcohol for six months.
The DOE psychologist testified that he provided four recommendations for the individual at the time of his evaluation in October 2017: that the individual remain abstinent for twelve months; that he document his abstinence with random EtG and PEth testing; that he get a sponsor; and that he engage a therapist. He testified that the individual has completed random EtG tests which were all negative, has obtained a sponsor and is working with a therapist. He noted that the individual’s abstinence is the only recommendation not implemented, in that the individual has been abstinent for only 6 months, and not the recommended 12 months. He stated that ordinarily he would believe that six months of abstinence is not long enough. However, the DOE psychologist opined that his impression in this case is that the individual has a very good prognosis. He concluded that the individual’s risk of relapse is low and that he has provided adequate evidence of rehabilitation and reformation.
The Administrative Judge concluded that, based on all the evidence of record in this case, the opinion of the DOE psychologist is consistent with the witness testimony and her observations in this case. She found that the individual has acknowledged his pattern of maladaptive alcohol use, has provided substantial evidence of actions taken to overcome his problem, and has demonstrated a clear and established pattern of abstinence, pursuant to the mitigating factors of Guideline G. She further found that the individual has successfully completed a treatment program along with aftercare. While a period of six months of abstinence is unusually short, the Administrative Judge concluded that the unique circumstances of this case, where the individual has been so fully engaged in rehabilitation, and has demonstrated good character, warrant a finding that he has met the requirements of mitigation pursuant to Guideline G. She therefore found that the individual has resolved the concerns regarding his alcohol consumption, and concluded that the individual’s access authorization should be restored. (Kimberly Jenkins-Chapman).