PSH-21-0002 - In the Matter of Personnel Security Hearing

Personnel Security; Access Authorization Restored; Guideline E (Personal Conduct); Guideline G (Alcohol Consumption)

Office of Hearings and Appeals

January 29, 2021
minute read time

On January 29, 2021, 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 October    2018, the Individual's employer issued him a written reprimand for misuse of the sick leave    policy when he used sick leave, instead of vacation time, to attend a company hosted event, to which the Individual brought and consumed alcohol. In response to this incident, the Local Security Office (LSO) provided the Individual with a Letter of Interrogatory (LOI), which he completed in July 2019. He later underwent a psychological evaluation by a DOE consultant psychiatrist (Psychiatrist) in December 2019. Following the evaluation,  the  Psychiatrist  diagnosed the Individual with Alcohol Use Disorder, Moderate, in Early Remission, without adequate evidence of rehabilitation or reformation. During the hearing, the Individual reported   that he last consumed  alcohol  on  November  19,  2019.  He  further  showed  that  he  successfully completed an alcohol treatment program and was actively engaged in  AA,  a  recovery group, and counseling. After reviewing the evidence  and  observing  all  of  the  testimony at the hearing, the Psychiatrist testified that the Individual "exceeded" all treatment recommendations and opined that the Individual is in full sustained remission with a "good" prognosis. The Administrative Judge determined that the Individual resolved  the  security  concerns associated with Guideline E and Guideline G. Accordingly, she concluded that the Individual's access authorization should be restored. OHA Case No. PSH-21-0002 (Katie  Quintana).

PSH-21-0002.pdf (164.03 KB)