Personnel Security; Access Authorization Restored; Guideline G (Alcohol Consumption)
Office of Hearings and Appeals
December 3, 2019On December 3, 2019, 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 late May of 2018, the Individual tested positive for alcohol during a random drug and alcohol screening administered by his employer. The Individual was then referred to a Substance Abuse Professional (SAP) for evaluation. Following the evaluation, the Individual completed a Letter of Interrogatory (LOI), provided by the Local Security Office (LSO) in January 2019. In response to information gathered from the LOI, a DOE consulting psychiatrist (Psychiatrist) evaluated the Individual in March 2019. The Psychiatrist diagnosed the Individual with Alcohol Use Disorder, Moderate, in early remission, and he opined that the Individual had not demonstrated adequate evidence of rehabilitation or reformation. During the hearing, the Individual testified that he had been abstinent from alcohol for approximately sixteen months. He further showed that he had successfully completed an inpatient alcohol rehabilitation program, as well as an Intensive Outpatient Program (IOP) and had been consistently attending aftercare. After reviewing the evidence and observing all of the testimony at the hearing, the Psychiatrist determined that the Individual had established adequate evidence of rehabilitation or reformation. The Administrative Judge determined that the Individual resolved the security concerns associated with Guideline G. Accordingly, she concluded that the Individual's access authorization should be restored. OHA Case No. PSH-19-0045 (Katie Quintana).