PSH-21-0122 - In the Matter of Personnel Security Hearing

On February 4, 2022, an Administrative Judge (AJ) determined that an Individual's   access authorization should be restored under 10 C.F.R. Part 710. The Individual is an employee of a DOE contractor in a position that requires the possession of a security clearance. In 2020, the Individual submitted an incident report that disclosed his recent hospitalization for mental health concerns. The DOE Local Security Office (LSO) conducted an investigation and requested that the Individual be evaluated by a DOE-consultant psychologist ("Psychologist"). Subsequently, the LSO informed the Individual that it possessed reliable information that created substantial doubt regarding his eligibility to possess a security clearance.

At the conclusion of the hearing, the AJ determined that the LSO appropriately invoked Guideline I because the Psychologist concluded that the Individual met the criteria   for   Major   Depressive Disorder, Moderate, Single Episode. The AJ also determined that the Individual had resolved the security concerns for the following reasons. First, the Individual's therapist ("Therapist") and Psychologist established that the Individual's psychological condition is readily controllable with treatment, there was ample evidence that the Individual had consistently complied with the treatment recommendations of both the Therapist and his psychiatrist, and he has   successfully   utilized treatment and coping skills to significantly improve his condition. Second, the   record   demonstrated that the Individual voluntarily entered a counseling and treatment program consistent with the Psychologist's recommendations, and both the Therapist and Psychologist gave the Individual a positive prognosis. Third, the preceding findings, coupled with the Psychologist's   conclusion, established that the Individual's condition had a low probability of recurrence.

Accordingly, the AJ concluded that the Individual had resolved the Guideline I security concerns. (OHA Case No PSH-21-0122, Thompson III)