PSH-18-0079 - In the Matter of Personnel Security Hearing

On March 29, 2019, an Administrative Judge issued a decision in which she determined that an individual’s DOE access authorization should not be restored. To support invoking Guideline G, the Local Security Office cited, among other things, a DOE Psychologist’s diagnosis of the Individual with Alcohol Use Disorder, Mild, the Individual’s DUI arrest, and other alcohol-related incidents discussed during the Individual’s Personnel Security Interview as security concerns. During the hearing, there was conflicting testimony about a negative EtG test and a positive PEth test taken within the same week and what these results meant as it relates to the Individual’s abstinence. The Individual asserted that his recent ingestion of NyQuil caused the positive PEth test and, after the hearing, submitted a negative hair EtG test to further support his claims of abstinence. Although the Administrative Judge did not find the Individual’s NyQuil testimony to be credible, she did not make a determination on this issue because there was separate substantial evidence indicating that the Individual had not mitigated the security concerns. Outside of the testimony of the Individual and his wife, there was nothing in the record demonstrating that the Individual had been in active recovery before November 2018 or abstinent before December 2018, which was well short of the 12 months recommended by the DOE Psychologist. Based on the foregoing, the Administrative Judge found that the Individual had not mitigated the Guideline G security concerns, and accordingly, determined that the Individual’s access authorization should not be restored. OHA Case No. PSH-18-0079 (Brooke A. DuBois)