PSH-22-0087 - In the Matter of Personnel Security Hearing

On October 7, 2022, an Administrative Judge determined that the Individual's access authorization should 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 alcohol consumption. The LSO alleged that Thereafter, on November 2, 2021, the Individual self-reported that he was arrested and charged with Driving Under the Influence of Alcohol (DUI) on October 31, 2021. In November 2021, DOE Psychologist opined in an evaluative report that the Individual habitually consumes alcohol to the point of intoxication twice a month. She concluded that, at the time of the evaluation, the Individual had not demonstrated adequate evidence of rehabilitation he needed to participate in a treatment program and demonstrate that he can maintain moderate drinking by producing monthly PEth tests showing minimal to moderate levels of drinking at his own expense for six months." .

At the hearing, the Individual, his brother, and the DOE Psychologist testified. The evidence in the record established that the Individual was participating in Alcoholics Anonymous (AA) meetings, and that he had submitted six negative PEth tests. The brother, who has been attending AA meetings for 11 years, testified that he has been attending meetings with the Individual. He has also observed the reduction in his brother's alcohol consumption.

The DOE Psychologist testified that after hearing the Individual and his brother's testimony and reviewing the exhibits, she believes that the Individual has gained insight into the fact that his drinking behavior was problematic. The DOE Psychologist further opined that the Individual has put forth sufficient evidence of rehabilitation. She stated that the Individual's AA attendance verification coupled with his testimony shows that he began attending AA meetings in April 2022, and she found his assertions credible, that he was attending AA meetings since April consistently. The DOE Psychologist further concluded that she is satisfied that the Individual has been getting the chemical dependency treatment that she recommended in her evaluative report on the Individual. She based her opinion on the fact that she sees significant changes in the Individual, and that his testimony about the specific coping skills that he has learned from AA are consistent with the same concepts she is aware of based on her knowledge and work with people in substance abuse treatment programs.

The Administrative Judge concluded that the Individual had mitigated the Guideline G concerns. The Individual testimony was credible about the measures he had taken to stop his binge drinking. The Individual has backed up his testimony with a series of negative PEth tests which would detect excessive alcohol consumption and with his brother's testimony confirming the Individual's participation in AA meetings. Lastly, the DOE Psychologist provided a creditable expert testimony regarding the Individual's rehabilitation.  Based on the evidence, the Administrative Judge concluded that the Individual had mitigated Guideline G concerns. (OHA Case No. PSH-22-0087, Cronin)