PSH-21-0068 - In the Matter of Personnel Security Hearing

On August 26, 2021, an Administrative Judge determined that an Individual should not be granted access authorization under 10 C.F.R. Part 710. The Individual completed a Questionnaire for National Security Positions (QNSP) and disclosed that he: resigned from a job in 2017 after being told that he would be fired for committing a safety violation, used marijuana on an irregular basis from 2001 until 2017, failed to timely file tax returns or pay taxes, fell into delinquency on child support payments, had two financial accounts referred to collections, and was arrested and charged with numerous criminal offenses from 2000 to 2012. An investigation by the Office of Personnel Management (OPM) revealed numerous omissions from the QNSP, including that the Individual: was fired from a job in 2017 after a positive drug test following a workplace accident, used marijuana more frequently than he admitted, was delinquent on seven financial accounts which he did not disclose on the QNSP, was ineligible for rehire by five employers for whom he had worked in two years, and failed to disclose foreign financial interests that he was required to disclose on the QNSP. The Individual met with a DOE-contracted psychologist (DOE Psychologist) for an evaluation. The DOE Psychologist determined that the Individual would have met the diagnostic criteria for Antisocial Personality Disorder under the Diagnostic and Statistical Manual of Mental Disorders - Fifth Edition (DSM-5), but for a lack of information about his conduct before age 15. The DOE Psychologist opined that the Individual had a personality disorder or personality disorder traits which impaired his judgment, stability, reliability, or trustworthiness. At the hearing, the Individual offered written information from two mental health professionals who did not diagnose him with any conditions under the DSM-5.

However, the Individual did not establish that the mental health professionals had access to the same information as the DOE Psychologist concerning his history of derogatory conduct. The Individual testified that he had resolved his financial delinquencies, no longer used marijuana or associated with persons who do, had not engaged in criminal conduct for many years, and that many of the instances in which he allegedly provided false information or failed to disclose information were misunderstandings or errors. The Individual did not offer any documentation for his claims or supporting testimony from character witnesses with knowledge of his conduct outside of work. The DOE Psychologist opined that his diagnosis was unchanged, but that the Individual would have made significant progress if his representations as to changing his behavior were validated. The Administrative Judge determined that the mental health professionals who provided positive evaluations of the Individual did not establish knowledge of the full extent of the Individual's derogatory conduct, and therefore that their opinions did not outweigh the more informed opinion of the DOE Psychologist. Additionally, the Individual did not sufficiently demonstrate that the irresponsibility and deceitfulness that informed DOE Psychologist's opinion had abated. Therefore, the Administrative Judge determined that the Individual had not resolved the security concerns under Guideline I and that his access authorization should not be restored. Case No. PSH-21-0068 (Phillip Harmonick)