PSH-22-0068 - In the Matter of Personnel Security Hearing

Access Authorization Restored; Guideline G (Alcohol Consumption)

Office of Hearings and Appeals

July 11, 2022
minute read time

On July 11, 2022, an Administrative Judge determined that an Individual's access authorization should be restored under 10 C.F.R. Part 710. In August 2021, the local security office (LSO) received notice that the Individual had entered an alcohol treatment program. In response to a letter of interrogatory issued by the LSO, the Individual disclosed that he had sought treatment after a severe binge drinking episode. A DOE-contracted Psychologist (DOE Psychologist) conducted a clinical interview of the Individual and determined that he met the diagnostic criteria for Alcohol Use Disorder, Severe, in Early Remission, under the Diagnostic and Statistical Manual of Mental Disorders - Fifth Edition. The DOE Psychologist recommended that the Individual demonstrate rehabilitation by abstaining from alcohol for at least twelve months, documenting his abstinence with alcohol testing, and participating in AA or aftercare for twelve months. At the hearing, the Individual demonstrated that he had successfully completed an intensive outpatient program for alcohol treatment, produced negative alcohol tests supporting his claims of abstinence since his August 2021 binge drinking episode, and described lifestyle changes that he had made to avoid relapsing in the future. A counselor who was providing the Individual with aftercare and individualized counseling also testified as to the Individual's positive actions towards recovery. The DOE Psychologist opined that the Individual had demonstrated rehabilitation and had a positive prognosis for avoiding a return to problematic alcohol consumption in the future. The Administrative Judge concluded that the Individual's treatment, the results of the alcohol testing, and the opinion of the DOE Psychologist resolved the security concerns under Guideline G. Therefore, the Administrative Judge determined that the Individual's access authorization should be restored. (OHA Case No . PSH-22-0068, Harmonick)

PSH-22-0068.pdf (191.77 KB)