PSH-22-0081 - In the Matter of Personnel Security Hearing

Access Authorization Denied; Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct)

On August 16, 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 personal conduct, alcohol consumption, and criminal conduct. Regarding Guideline E, the LSO cited the Individual's failure to provide truthful answers during the national security investigative process. Regarding Guideline G, the LSO cited the Individual's diagnosis of Alcohol Use Disorder, Moderate, in early remission, and the Individual's poor judgment in association with the use of alcohol. Regarding Guideline J, the LSO cited the Individual's history of arrests involving the sale of a controlled substance and alcohol use.

After a hearing, the Judge found the Individual did not sufficiently mitigate the security concerns under Guidelines E, G, or J. 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, or any corroborating testimony, to support that he successfully completed an alcohol treatment program and abstained from alcohol for one year . Regarding Guideline J, the Judge found the Individual's arrest was directly related to his use of alcohol, occurred less than one year before the date of the hearing, and the Individual did not provide sufficient evidence of rehabilitation from the alcohol -related security concerns. Lastly, 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.

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-22-0081, Quintana)