PSH-22-0051 - In the Matter of Personnel Security Hearing

On August 23, 2022, an Administrative Judge determined that the Individual's access authorization under 10 C.F.R. Part 710 should not be restored. 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 derogatory information regarding the Individual's alcohol use, arrests for driving while intoxicated, and lack of candor regarding his criminal history.

After a hearing, the Judge found the Individual did not sufficiently mitigate the security concerns under Guidelines E, G, or J. Regarding Guideline E, the Judge found the Individual's testimony was not credible due to his repeated inconsistencies regarding the details of his prior arrests. Regarding Guideline G, although the DOE Psychologist determined the Individual demonstrated adequate evidence of rehabilitation, the Judge found the Individual did not submit sufficient documentary evidence abstained from alcohol for six months, particularly in light of inconsistent testimony during the hearing. Regarding Guideline J, the Judge found the Individual's arrests were directly related to his use of alcohol and the Individual did not provide sufficient evidence of rehabilitation from the alcohol-related security concerns to mitigate his criminal conduct security concerns.

Accordingly, the Administrative Judge found that the Individual was not able to demonstrate that he resolved the security concerns under Guidelines E, G, and J, and his access authorization should not be restored. (OHA Case No. PSH-22-0051, Martin)