PSH-22-0014 - In the Matter of Personnel Security Hearing

On April 12, 2022, an Administrative Judge determined that the Individual's access authorization should not be restored under 10 C.F.R. Part 710. The Individual is employed by a DOE contractor in a position that requires him to hold a security clearance. The Local Security Office (LSO) received potentially derogatory information regarding the Individual's alcohol consumption.   In   addition   to alleging alcohol-related incidents away from work, the LSO alleged   that   a   DOE -consultant Psychiatrist (DOE Psychiatrist) diagnosed the Individual with Alcohol Use Disorder (AUD), Severe, In Early Remission.

At the hearing, the Individual, his AA sponsor, his self -help group leader, his counselor, his psychotherapist, and the DOE Psychiatrist testified. The competent testimony   and   evidence established that the Individual began his efforts to abstain from alcohol in June 2019 and sought the assistance of his employer's Employee Assistance Program (EAP). The Individual sought treatment pursuant to the EAP counselor's advice, and later, he completed an intensive outpatient program (IOP) in April 2020. The Individual participated in group and individual therapy. The Individual suffered a relapse in October 2020. During this relapse, the Individual took unapproved leave, for which he was disciplined in December 2020. He began seeing a psychotherapist in November 2020, primarily focusing on treatment for his alcohol consumption. The Individual suffered a second relapse in July 2021. Having previously engaged the Alcoholics Anonymous program, the Individual did not immediately reach out to his AA. However, he did reach out to his family, his EAP counselor, and he went on to join a self-help alcohol group.

A number of alcohol testing results were also submitted into the record, and at the start of his testimony, the DOE Psychiatrist stated that the testing results were consistent with the amounts of alcohol the Individual indicated he had consumed at the time of his relapses. Although the Individual recognized his maladaptive alcohol use, receives therapy, completed treatment, engaged his local AA chapter and a similar group, and enjoys a strong support system, he failed to mitigate the Guideline G concerns stated in the Notification Letter. Among other recommendations, the DOE Psychiatrist stated that the Individual should remain abstinent for a period of twelve months. As the Individual relapsed in July 2021, he had not met this specific recommendation, and therefore, could not show adequate evidence of rehabilitation or reformation.

Accordingly, the Individual was not able to demonstrate that he had fully resolved the security concerns arising under Guideline G. (OHA Case No. PSH-22-0014, Fishman)