PSH-22-0136 - In the Matter of Personnel Security Hearing

On December 28, 2022, an Administrative Jude determined that the Individual's access authorization should 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 potentially derogatory information regarding the Individual's alcohol consumption. The LSO alleged that: 1) after conducting a psychological evaluation of the Individual on May 26, 2022, the DOE psychologist stated in her June 6, 2022, Report that the Individual meets the diagnostic criteria for an Unspecified Alcohol-Related Disorder, pursuant to the DSM-V, and that not only does the Individual's consumption impair his judgement, but that he did not show adequate evidence of rehabilitation or reformation; 2) the Individual was arrested and charged with PI after he consumed approximately four beers and one large beer, "equaling the size of two beers," approximately two to three hours before his arrest; 3) the Individual underwent a random alcohol test in April 2019, which indicated a blood alcohol content of .034 and .030 after he had consumed eight beers over the span of three -and-a-half hours the night before, reaching a state of intoxication; 4) the Individual was arrested and charged with PI in July 1987; 5) the Individual was arrested and charged with Minor Possession in March 1987, and 6) the Individual was arrested and charged with PI in September 1985.

The Individual and the DOE Psychologist testified at the hearing. At the hearing, it was established that the Individual enrolled in and completed and Intensive Outpatient Treatment Program (IOP) and attended aftercare for the amount of time recommended by the DOE Psychologist. The Individual also testified, and the record showed, that he continued to attend aftercare through the date of the hearing . The Individual enjoyed support from his spouse, family, fellow aftercare attendees, and church members. He explained that that his involvement in community service and the study of his faith tradition help him remain abstinent, and further, he is motivated to remain abstinent for the sake of his reputation and responsibilities. Additionally, the Individual has shifted his perspective when it comes to consuming alcohol, as he is now aware that he does not need to drink in order to celebrate occasions and have fun. Finally, at the time of the hearing, the Individual had been sober for approximately ten months, as corroborated by monthly testing, and the DOE Psychologist testified that the Individual had demonstrated adequate evidence of rehabilitation and reformation. Accordingly, the Administrative Judge found that the Individual had mitigated the Guideline G concerns pursuant to the mitigating factors at ¶ 23(b) and (d). (OHA Case No. PSH-22-0136, Rahimzadeh)