PSH-22-0098 - In the Matter of Personnel Security Hearing

On October 14, 2022, an Administrative Judge (AJ) determined that an Individual's access authorization should be restored under 10 C.F.R. Part 710. The DOE Local Security Office (LSO) discovered concerning information regarding the Individual's alcohol consumption because, in early December 2021, the Individual properly self-reported that he suffered from a "blackout syncope episode" while receiving work-related training that was likely caused by excessive alcohol consumption. As a result of the information provided, the LSO instructed the Individual to undergo a psychiatric evaluation conducted by a DOE-consultant Psychiatrist (DOE Psychiatrist). Subsequently, the LSO informed the Individual that it possessed reliable information that created substantial doubt regarding his eligibility to possess a security clearance because the derogatory information raised security concerns under Guideline G of the Adjudicative Guidelines.

At the conclusion of the hearing, the AJ determined that the LSO appropriately invoked Guideline G by citing that (1) the DOE Psychiatrist concluded that the Individual met the diagnostic criteria for AUD, Severe, in Early Remission without adequate evidence of rehabilitation or reformation pursuant to the DSM-V; (2) the Individual's blackout syncope episode was the result of excessive alcohol use, and (3) the Individual's alcohol consumption increased from approximately late June 2021 to November 2021 and ultimately resulted in the Individual consuming ten, 12-ounce beers a night, and further, the Individual would have to consume three, twelve-ounce beers in three hours to achieve a state of intoxication.

The AJ also concluded that the Individual put forth sufficient evidence to resolve the Guideline G security concerns for the following reasons. The record demonstrated that the Individual recognized his alcohol use was maladaptive. The record also contained evidence of the significant actions he had undertaken to overcome the problem, including remaining abstinent in accordance with treatment recommendations. The Individual had been abstinent since November 2021, which was supported by a series of negative PEth, EtG, and random BAC tests. He successfully completed an IOP and participated in an alcohol awareness course through his employer's EAP. He had been attending an online recovery program, engaging in group therapy conducted by his EAP counselor, and receiving regular therapy with his Individual therapist for approximately one year. Furthermore, the record demonstrated that the Individual has learned to cope with the very work stressors that triggered his maladaptive alcohol consumption, and he acknowledged that the benefits he had experienced incentivize him to remain abstinent. Further still, the FFD provider opined that the Individual's prognosis was positive-echoing the sentiment of the IOP provider. Lastly, the DOE Psychiatrist concluded that the Individual, by remaining abstinent and complying with treatment recommendations, had demonstrated rehabilitation.

Accordingly, the AJ concluded that the Individual had resolved the Guideline G security concerns. (OHA Case No. PSH-22-0098, Thompson)