PSH-22-0114 - In the Matter of Personnel Security Hearing

On November 15, 2022, an Administrative Judge determined that an Individual's access authorization should not be restored under 10 C.F.R. Part 710. Prior to being granted access authorization, the Individual was arrested for numerous alcohol-related offenses, including DUI and Assault. In September 2021, after the Individual had been granted access authorization, the local security office received notice that the Individual had been arrested for Assault, Battery, Cruelty to Animals, Resisting, Evading or Obstructing an Officer, and Assault Upon a Peace Officer following a dispute with his girlfriend. The affidavit of arrest prepared in connection with the Individual's arrest indicated that he was under the influence of alcohol when he was arrested. A DOE -contracted Psychiatrist ( DOE Psychiatrist) conducted a clinical interview of the Individual and determined that he met the diagnostic criteria for Alcohol Use Disorder (AUD), Mild, in early remission, under the Diagnostic and Statistical Manual of Mental Disorders - Fifth Edition. The DOE Psychiatrist recommended that the Individual demonstrate rehabilitation by participating in Alcoholics Anonymous (AA) under the guidance of a sponsor or weekly counseling for alcohol abuse for one year, and abstaining from alcohol for the duration of treatment. At the hearing, the Individual testified that he had abstained from alcohol for approximately seven months and provided the results of alcohol testing confirming that he had abstained from alcohol for a portion of that time. He also established that he had attended AA meetings for two months, but had not obtained an AA sponsor. The DOE Psychiatrist opined that the Individual's failure to obtain an AA sponsor and lack of skills to cope with stressors in the absence of alcohol were barriers to his recovery, and that the Individual's prognosis for recovery was only fair. In light of the opinion of the DOE Psychiatrist, and the relatively short duration of the Individual's abstinence from alcohol, the Administrative Judge determined that the Individual had not resolved the security concerns under Guideline G. Therefore, the Administrative Judge determined that the Individual's access authorization should not be restored. OHA Case No. PSH-22-0114 (Phillip Harmonick)