PSH-23-0012 - In the Matter of Personnel Security Hearing

On February 21, 2023, an Administrative Judge 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 and criminal conduct . Regarding the Guideline G charges, the LSO alleged that following a psychological evaluation conducted in July 2022, the DOE Psychologist issued a Report in the same month, in which she diagnosed the Individual with AUD, Moderate, and without adequate evidence of rehabilitation or reformation. Further, in April 2022, the Individual was arrested and charged with ADWI and Leaving the Scene of an Accident after consuming approximately four beers, two shots of liquor, and registering at .18 g/210L BAC after a breathalyzer test was conducted. The LSO also alleged that in February 2017, the Individual was arrested and charged with ADWI, speeding, and failure to maintain traffic lane after he consumed approximately six carafes of alcohol, four mixed alcohol beverages, and registered at .16 g/210L BAC when a breathalyzer test was administered. Regarding Guideline J, the LSO alleged that the Individual was arrested and charged with the aforementioned criminal offenses in February 2017 and April 2022.

The Individual and DOE Psychologist testified at the hearing. The evidence in the record established that the Individual properly self-reported each incident, and that he received treatment and abstained from alcohol for over a year following the 2017 incident. The Individual began consuming alcohol again. Following the 2022 incident, the Individual was placed on his employer's Fitness for Duty (FFD) program. Based on the recommendations made by his employer's Occupational Medicine (OM), the Individual began receiving one-on-one therapy and attending an alcohol management and recovery training program in May 2022. Following his receipt of the DOE Psychologist's report, the Individual began attending another program through his employer's Employee Assistance Program (EAP) in October 2022. He also began attending Alcoholics Anonymous (AA) meetings in November 2022. Since being referred to FFD in 2022, the Individual has been subject to random alcohol breath tests and Ethyl Glucuronide (EtG) tests, both of which test for the presence of alcohol. The Individual has also submitted to four PEth tests since November 2022. All test results were negative. The Individual learned how to cope with triggering situations and built himself a good support network. At the hearing, the DOE Psychologist determined that the Individual had shown adequate evidence of rehabilitation and reformation, that he was in remission, and that his prognosis was very good. Based on the evidence, the Administrative Judge concluded that the Individual had mitigated Guideline G concerns pursuant to the mitigating factor at ¶ 23(b) of the Adjudicative Guidelines. Because the criminal conduct in which the Individual engaged was a direct result of his maladaptive alcohol consumption and the Individual had resolved the Guideline G concerns, he had also resolved the Guideline J concerns. Based on the foregoing, the Administrative Judge conclude that the Individual had mitigated the Guideline J concerns pursuant to ¶ 32(a). (OHA Case No. PSH-23-0012, Rahimzadeh)