PSH-22- 0016 - In the Matter of Personnel Security Hearing

On March 9, 2022, an Administrative Judge determined that the Individual's access authorization should not be granted 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 finances. The LSO alleged that a DOE - consultant Psychologist (DOE Psychologist) determined that the Individual habitually or   binge consumes alcohol to the point of impaired judgement and that the Individual has not shown adequate sings of reformation or rehabilitation.

At the hearing, the Individual, his wife, former supervisor, and Alcoholics Anonymous (AA) sponsor all testified, as well as the DOE Psychologist. The competent testimony and evidence established that the Individual had been abstinent from alcohol for approximately six months at the time of the hearing, that he had been attending regular AA meetings since August 2021, and that he had been meeting with an AA sponsor since September 2021. It was also determined that although the Individual had been seeing a therapist regularly, the purpose of his therapeutic visits were not specific to his alcohol consumption. Further, the Individual also had prior history of alcohol -specific treatment in 2018, but subsequently relapsed.

In addition to total abstinence from alcohol and AA meetings or a similar program, the DOE Psychologist had recommended the Individual seek therapy specifically to address his alcohol consumption and participate in appropriate aftercare. As the Individual had failed to do the latter, the DOE Psychologist could not find that the Individual had presented appropriate evidence   of rehabilitation or reformation. Further, while there was credible testimonial evidence indicating that the Individual had been abstinent for approximately six months, the Administrative Judge could not find, considering the expert testimony before him, that six months alone was a sufficient period to demonstrate an established pattern of abstinence. As such, the Individual has failed to completely resolve the Guideline G concerns related to his history of alcohol misuse. (OHA Case No. PSH-22- 0016, Cronin)