PSH-23-0013 - In the Matter of Personnel Security Hearing

On May 1, 2023, an Administrative Judge determined that an Individual's access authorization under 10 C.F.R. Part 710 should be restored. The Individual is employed by a DOE contractor in a position that requires him to hold a security clearance. The Individual reported to the local security office (LSO) that he was arrested and charged with Simple Assault, Willful Obstruction of Law Enforcement Officers, and Public Drunkenness in May 2022. Subsequently, the LSO discovered the Individual had three alcohol-related incidents including two alcohol related arrests between 2002 and 2017. Regarding Guideline G, the LSO cited his diagnosis by a DOE Psychologist, Individual with Alcohol Use Disorder (AUD), Mild, in early remission, and his prior alcohol related incidents and charges. Regarding Guideline J, the LSO cited his alcohol-related criminal offenses.

At the hearing, the Individual testified that he has been abstinent from alcohol for nine months since his May 2022 arrest, and he provided seven negative PEth tests and 11 UA tests from May 2022 through March 2023, to support his testimony. He provided evidence that he completed an IOP program, continues to actively participate in his weekly after-care program, and participates in multiple weekly AA meetings. The Individual testified regarding his sober support system and revised coping mechanisms. He provided supporting letters from his treating providers and support network. His AA sponsor testified that the Individual is consistently progressing in AA including taking on leadership roles, and has advanced to Step 9 in his 12-step work. The Individual also demonstrated that he took further action steps beyond the DOE Psychologist's recommendations by participating in individual psychotherapy to successfully address how to cope with his triggers and integrate the skills he learned through his treatment programs. His treating therapist opined that the Individual has an excellent prognosis for his AUD,  his risk of relapse is very low, and he is rehabilitated from AUD. The DOE Psychologist opined that the Individual "has shown more than adequate evidence" for demonstrating rehabilitation and reformation from AUD.  She concluded that the Individual has a "good" prognosis with a very low risk of relapse.  After considering the evidence in the record and testimony presented at the hearing, the Administrative Judge determined that the Individual had resolved the security concerns associated with Guideline G  and Guideline J. Accordingly, she concluded that the Individual's access authorization should be restored. (OHA Case No. PSH-23- 0013, Balzon)