PSH-21-0029 - In the Matter of Personnel Security Hearing

On June 17, 2021, an Administrative Judge (AJ) determined that an Individual's access authorization should be restored under 10 C.F.R. Part 710. The Individual is employed by a DOE contractor in a position that requires a security clearance. The Individual was selected to take an employer-provided random Breath Alcohol Test (BAT), and the test results were positive for the presence of alcohol. The DOE Local Security Office subsequently requested that the Individual receive a psychiatric evaluation from a DOE-consultant psychologist (" Psychologist"). After the evaluation, the Psychologist issued a report containing her opinion that the Individual met the Diagnostic and Statistical Manual, Fifth Edition (DSM-5), criteria for Alcohol Use Disorder, Mild, in Partial Remission. The DOE subsequently suspended the Individual security clearance process, citing security concerns under Guidelines G based on the Psychologist's diagnosis, the Individual's BAT results, his pattern of alcohol consumption, and his past alcohol-related arrests that occurred before 2001.

At the hearing, the Individual did not dispute the DOE's allegations but rather provided documents and witness testimony to resolve the security concerns. At the conclusion of the hearing, the AJ determined that the DOE appropriately invoked Guideline G and that the Individual succeeded in resolving the security concerns for the following reasons. First, the Individual acknowledged his pattern of maladaptive alcohol use to his friends, family, and treating professionals. Second, he had taken significant action to overcome the problem by successfully completing an intensive treatment program, continuing to engage in monthly counseling, and participating in a rigorous aftercare recovery program. Third, the record included alcohol testing results that supported witness testimony that the Individual had been abstinent since the BAT. Finally, all of his actions had been consistent with or exceeded the treatment recommendation, and the Psychologist gave the Individual a positive prognosis. Accordingly, the AJ concluded that the Individual's access authorization should be restored. OHA Case No. PSH-21-0029 (James P. Thompson III).