PSH-22-0141 - In the Matter of Personnel Security Hearing

On February 16, 2023, an Administrative Judge determined that the Individual's access authorization under 10 C.F.R. Part 710 should not be restored. 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 that raised security concerns under Guideline G ( Alcohol Consumption) of the Adjudicative Guidelines. Specifically, the LSO noted the Individual's history of alcohol-related and domestic violence-related arrests, and the Individual's diagnosis of Alcohol Use Disorder.

At the hearing, the Individual testified to his prior alcohol use, including his history of participating in multiple drug and alcohol-treatment programs, exiting the programs, and relapsing into problematic alcohol consumption. The Individual also testified that, although he still drinks, he does not think he has a drinking problem because he no longer drinks to intoxication. The Individual also stated he did not follow the DOE Psychologist's recommendations to undergo PEth testing and enroll in an alcohol treatment program because he has shown a great deal of rehabilitation from his prior drinking habits and did not believe PEth testing was mandatory.

The DOE Psychologist opined that without independent evidence of the Individual's alcohol consumption, she could not determine if he still had a problematic drinking pattern, and could not opine on what the Individual's alcohol consumption would look like in the future. Therefore, the DOE Psychologist could not determine whether the Individual has been rehabilitated from his Alcohol Use Disorder.

After a hearing, the Judge found the Individual did not sufficiently mitigate the security concerns under Guideline G. The Judge found that the Individual did not follow the DOE Psychologist's recommendations to enroll in an alcohol treatment program and the Individual did not undergo any PEth testing. The Judge also found that because the Individual has a history of participating in alcohol treatment programs, exiting the programs, and relapsing, his problematic drinking behavior is likely to recur in the future.

Accordingly, the Administrative Judge found that the Individual was not able to demonstrate that he resolved the security concerns under Guideline G and his access authorization should not be restored. (OHA Case No. PSH-22-0141, Fishman)