PSH-22-0111 - In the Matter of Personnel Security Hearing

On November 18, 2022, an Administrative Judge determined that the Individual's access authorization should not be restored 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 derogatory information regarding the Individual's alcohol use. Regarding Guideline G, the LSO cited his diagnosis by a DOE Psychiatrist of Alcohol Use Disorder, Mild, without adequate evidence of rehabilitation or reformation. The Individual received a Driving While Intoxicated (DWI) charge after he had an accident on an ATV.  In the accident, he suffered a Traumatic Brain Injury (TBI), which resulted in his hospitalization. Following the evaluation by a DOE Psychiatrist, the Individual submitted to phosphatidylethanol (PEth) testing, which showed positive results of 41 ng/mL. The DOE Psychiatrist administered mental status exams at the evaluation, which showed that the Individual's TBI was still a concern. At the hearing, the DOE Psychiatrist opined that the Individual was not rehabilitated or reformed. The Individual is still consuming alcohol, although at a reduced amount, and does not believe he has a problem with alcohol consumption. He has not undergone further PEth tests, nor has he attached any Alcoholics Anonymous meetings, worked the steps and acquired a sponsor. Accordingly, the Individual was not able to demonstrate that he had resolved the security concerns arising under Guideline G. (OHA Case No. PSH-22-0111, Fishman)