Personnel Security; Access Authorization Restored; Guideline E (Personal Conduct); Guideline G (Alcohol Consumption)
Office of Hearings and Appeals
January 29, 2021On 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).