PSH-20-0027 - In the Matter of Personnel Security Hearing

On July 13, 2020, an Administrative Judge determined that an Individual should not be granted access authorization under 10 C.F.R. Part 710. The Individual is employed by a
DOE contractor and an applicant for a DOE security clearance. During investigation, the DOE obtained information that the Individual failed to list a collection account and several,
multi-decade old criminal charges in his Questionnaire for National Security Positions. The DOE also obtained information that indicated he had been using an illegal substance while he held a prior military security clearance and that he was terminated by a prior employer in 2015 for using marijuana while he possessed a security clearance and after having previously signed a DOE Drug Certification.

During the hearing, the Administrative Judge found that the Individual's testimony regarding some of the above incidents was not credible. The Administrative Judge remained concerned with the Individual's inability to recall certain events while remembering others very clearly. The Administrative Judge also focused on the Individual's conduct in relation to the 2015 marijuana incident as a basis for a present concern regarding the Individual's credibility, trustworthiness, and judgment. Consequently, the Administrative Judge found that the Individual failed to mitigate the Guideline E and H concerns. As such, the Administrative Judge concluded that the Individual should not be granted access authorization. OHA Case No. PSH-20-0027 (James P. Thompson III).