PSH-21-0038 - In the Matter of Personnel Security Hearing

On July 1, 2021, an Administrative Judge (AJ) determined that an Individual should be granted access authorization under 10 C.F.R. Part 710. The Individual is employed by a DOE contractor in a position that requires a security clearance. The DOE Local Security Office (LSO) discovered that the Individual had been receiving treatment for his anxiety and his use of alcohol. The LSO requested that the Individual receive a psychiatric evaluation from a DOE-consultant psychologist ("Psychologist"). Subsequently, the LSO informed the Individual that it possessed reliable information that created substantial doubt regarding the Individual's eligibility to possess a security clearance under Adjudicative Guideline G and Guideline I citing concerns that included the Psychologist's conclusion that the Individual met the Diagnostic and Statistical Manual of Mental Disorders, 5th Edition (DSM-5), criteria for Alcohol Use Disorder (AUD), Mild, in 2017; the Individual was arrested and charged with Aggravated Driving While Under the Influence and other related charges; the Individual admitted to drinking alcohol to intoxication a few times a week; and the Psychologist's conclusion that the Individual has a mental condition, namely Social Anxiety with possible paranoid underpinnings, that impairs his judgement and trustworthiness.

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 Guideline I and that the Individual succeeded in resolving the security concerns for the following reasons . As to Guideline G, the Individual acknowledged, through testimony, that he had a problem with alcohol and that he previously used it to cope with stress; he has been under the treatment of two counselors, one of whom is focused on treating his AUD; he no longer associates with people with whom he used to consume alcohol; and he engages in alternative recreational and physical activities to mitigate stress. Furthermore, the Individual established a clear and established pattern of abstinence by demonstrating, through his testimony and by providing corroborating laboratory test results, that he has remained abstinent from alcohol for over a year. And the Individual demonstrated that his actions were in accordance with treatment recommendations because his counselor gave him a good prognosis based on his progress and the Psychologist gave the Individual a good prognosis after concluding that the Individual's AUD is reformed and in full, sustained remission.

Regarding Guideline I, the AJ found that the Individual's condition is readily controllable with appropriate treatment and that the Individual has demonstrated ongoing and consistent compliance with the treatment recommendations by regularly   attending   appropriate counseling and taking prescribed medication to address his Social Anxiety. The AJ also found that there was substantial evidence in the record that demonstrates the Individual voluntarily reinitiated individual counseling, began group counseling, and began taking prescription medication to manage his condition in accordance with the Psychologist's recommendations. The AJ lastly found that the Individual is continuing to receive counseling and treatment for his condition, that he intends to continue doing the same, and that the Psychologist and the Individual's treating mental health counselor gave the Individual a favorable prognosis. Accordingly, the AJ concluded that the Individual should be granted access authorization. OHA Case No. PSH-21-0038 (James P.   Thompson   III).