PSH-22-0080 - In the Matter of Personnel Security Hearing

On July 22, 2022, an Administrative Judge determined that an Individual's access authorization under 10 C.F.R. Part 710 should be not restored. The Individual is employed as a DOE contractor in a position that requires him to hold a DOE security clearance. The Individual notified the local security office (LSO) of his arrest for Public Intoxication. Because the Individual had a prior arrest for Driving Under the Influence (DUI), the LSO referred the Individual to be examined by a DOE consultant psychologist (Psychologist). After examining the Individual, the Psychologist determined that he suffered from Alcohol Use Disorder, Moderate, in early remission. The Psychologist opined that for the Individual to demonstrate adequate rehabilitation and reformation, the Individual should abstain from alcohol for 12 months and engage in a weekly group therapy program, such as Alcoholics Anonymous or another equivalent program, with evidence of 12 months of participation.

The Individual and his spouse provided testimony at the hearing as to the Individual's current 12 months abstinence from alcohol. The Individual testified that he had not sought treatment because he did not think he needed such treatment since he did not have a problem with alcohol. The Individual's spouse also testified as to the length of the Individual's abstinence and his attitude to alcohol.

After listening to all the testimony presented at the hearing, the Psychologist modified her diagnosis of the Individual to "Alcohol Use Disorder, in full remission." In making this revision to her original diagnosis, the Psychologist, based upon her assessment of the honesty of the Individual, determined that he had completed 12 months of abstinence as recommended.  However, the Psychologist also noted that the Individual had not participated in any type of support group or AA, as recommended in her Report. She believed that he had not done so because he "does not adequately understand the gravity of the incidents that alcohol led him to be involved in or the role that alcohol really plays for him as being a problem."

Based on the testimony of all witnesses and the evidence submitted, the Administrative Judge concluded found the Guidelines G and J security concerns had not been resolved and that the Individual's access authorization should not be restored (OHA Case No. PSH-22-0080, Cronin)