PSH-21-0014 - In the Matter of Personnel Security Hearing

On April 19, 2021, an Administrative Judge determined that the 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. The Local Security Office (LSO) received potentially derogatory information regarding the Individual's alcohol consumption. Under Guideline G, the LSO alleged that (1) the DOE Psychiatrist diagnosed the Individual with Alcohol Use Disorder (AUD), Mild, in early remission, without adequate evidence of rehabilitation or reformation; (2) the Individual was charged with three counts of Aggravated Assault and one count of Reckless Endangerment, and according to the Letter of Interrogatory (LOI) the Individual stated he had consumed approximately ten to twelve beers and was intoxicated at the time of the incident.

At the hearing, the witnesses testified, who either are or were involved in the Individual's recovery, to the Individual's strong participation in an aftercare program and Alcoholics Anonymous (AA) meetings. The Individual's AA sponsor confirmed that the Individual is working on steps ten through twelve of the program. The record established that the Individual enrolled in an intensive outpatient treatment program in June 2019, completed an aftercare program in August 2019, repeatedly tested negative for alcohol and other illicit substances, and faithfully attended AA meetings, despite the ongoing pandemic. Both the Individual's Psychologist and the DOE Psychiatrist provided the opinion that the Individual has been reformed or rehabilitated. The Individual's Psychologist noted that the Individual has internalized the principles of AA, and that he has complied with all treatment recommendations.

Based on credible testimony from lay witnesses, the Individual, and two experts, the Administrative Judge concluded that the Individual had mitigated all security concerns stated in the Notification Letter. The Administrative Judge therefore concludes that the Individual's access authorization should be restored. OHA Case No. PSH-21-0014 (Janet Fishman)