PSH-21-0123 - In the Matter of Personnel Security Hearing

On February 3, 2022, an Administrative Judge determined that the Individual's access authorization under 10 C.F.R. Part 710 should be restored. The Individual is employed as a DOE contractor in a position that requires him to hold a DOE security clearance. During a reinvestigation, the Individual reported that he had been arrested for Driving Under the Influence (DUI). The Individual then submitted responses to a Letter of Interrogatory (LOI) concerning his alcohol consumption. Subsequently, he was referred to a DOE-contractor psychologist for an examination. The DOE Psychologist concluded that the Individual habitually and excessively consumes alcohol to the point of experiencing impaired judgment, and has not shown adequate evidence of rehabilitation or reformation. In a Notification Letter, the LSO as Guideline G derogatory information the findings of DOE Psychologist's report and the Individual's November 1998 DUI arrest.

At the hearing, the Individual presented testimony from his therapist concerning the Individual's participation in a treatment program, as well as documentary evidence of negative blood and urine tests for the presence of alcohol from the period June through November 2021. The Individual testified as to his efforts to ensure his treatment program met the requirements listed in the   DOE Psychiatrist's report. The Individual also testified that he had stopped consuming alcohol April 2021 and that he had built a strong support system to assist him with his sobriety.   The   DOE Psychologist, after listening to all the evidence revised his opinion and testified that, because of the Individual's efforts at rehabilitation, he did not believe there were any issues regarding the Individual's judgment and reliability.

Based on the testimony of all witnesses and the evidence submitted, the Administrative Judge concluded found the Guideline G security concerns had been resolved and that the Individual's access authorization should be restored. (OHA Case No. PSH-21-0123, Cronin)