PSH-23-0014 - In the Matter of Personnel Security Hearing

On July 6, 2023, an Administrative Judge determined that an individual's access authorization under 10 C.F.R. Part 710 should be granted. The Individual is employed by a DOE contractor in a position that requires him to hold a security clearance. In October 2021, as part of the security clearance application process, the Individual completed a Questionnaire for National Security Positions (QNSP). In the section entitled "Employment Activities," the Individual affirmatively answered a question regarding whether, in the last seven years, he had received a written warning, been officially reprimanded, suspended, or disciplined for misconduct in the workplace. He elaborated noting that, in approximately 2019, he was "warned, reprimanded, suspended, or disciplined" when he "showed up hungover to work." Following his disclosures on the QNSP, the Individual underwent a psychological evaluation with a DOE-consultant psychiatrist (DOE Psychiatrist) in June 2022. After evaluating the Individual, the DOE Psychiatrist concluded that the Individual was habitually consuming alcohol to the point of impaired judgment and had not shown adequate evidence of rehabilitation or reformation. At the hearing, the Individual testified that he had successfully completed a 12-week long substance abuse course, been consistently participating in Alcoholics Anonymous, and had been abstinent from alcohol for over six months. He further provided laboratory evidence supporting his sobriety and demonstrated active and consistent participation in Alcoholics Anonymous. After considering the evidence in the record and testimony presented at the hearing, a DOE -consultant psychiatrist opined that the Individual had demonstrated adequate evidence of rehabilitation and reformation. The Administrative Judge ultimately determined that the Individual had resolved the security concerns associated with Guideline G. Accordingly, she concluded that the Individual's access authorization should be granted. (OHA Case No. PSH-23-0014, Quintana)