PSH-23-0034 - In the Matter of Personnel Security Hearing

On May 23, 2023, an Administrative Judge determined that the Individual's access authorization should be granted under 10 C.F.R. Part 710. In February 2022, the Individual was cited and charged with Criminal Mischief.  Previously, In October 2020, he was arrested and charged with Battery Against a Household Member. And in Jude 2012, police cited and charged him with Wrongful Use of Public Property. The Individual admitted to consuming alcohol prior to all three incidents. After the Individual self-reported the February 2022 incident, the Local Security Office (LSO) sent the Individual to undergo a psychological evaluation. After the July 2022 evaluation, the DOE-consulting Psychologist (DOE Psychologist) diagnosed the Individual with Alcohol Use Disorder (AUD), mild, in early remission. He recommended the Individual remain abstinent, enroll in an Intensive Outpatient Program (IOP), and actively participate in in-person Alcoholics Anonymous (AA). The DOE Psychologist also diagnosed the Individually with suffering from a Neurocognitive Disorder. The Individual presented evidence at the hearing that he suffered a Traumatic Brain Injury (TBI) in a 2018 motorcycle accident.  The DOE Psychologist indicated that the TBI caused a frontal lobe impairment that lessened the buffer between having an emotional feeling and acting on it when the Individual consumed alcohol. The Individual's girlfriend and mother testified that he has expressed to them that he never intends to consume alcohol again. The Individual's current and past supervisors testified that the Individual was honest, trustworthy, and reliable, which was confirmed by the girlfriend and mother . The Individual presented a letter from his counselor, which indicated that counseling had been affective for the Individual. He also submitted numerous negative phosphatidylethanol laboratory blood tests. The Individual indicated that he was attending online AA, was working on step three, and did not have a sponsor. He stated that he attended online due to his erratic work schedule, which also was why his two attempts at working with a sponsor were not successful. At the hearing, the DOE Psychologist confirmed his AUD, mild, diagnosis, but opined that the Individual has demonstrated rehabilitation. The DOE Psychologist stressed that, during the evaluation, the Individual did not seem to understand the severity of his maladaptive alcohol use, which contrasted with the Individual's honest and vulnerable testimony. Due to the Individual's mitigation of the concerns raised under Guideline G concerns, the Administrative Judge found that the Individual mitigated the concerns raised by his alcohol use. Accordingly, the Individual was able to demonstrate that he had resolved the security concerns arising under Guideline G. (OHA Case No. PSH-23-0034, Fishman)