PSH- 23-0035 - In the Matter of Personnel Security Hearing

A DOE Contractor employs the Individual in a position that requires him to hold an access authorization.  On March 26, 2022, the Individual was arrested and charged with driving while intoxicated (DWI).  As a result of this incident and two other past alcohol related charges (both minor in possession of alcohol charges), the Individual was asked to complete a letter of interrogatory (LOI) in May of 2022.  In July of 2022, the Individual was asked to undergo an evaluation with a DOE contractor psychologist. The DOE Psychologist . The DOE Psychologist diagnosed the Individual with Unspecified Alcohol-Related Disorder and concluded that he binge consumed alcohol to the point of impaired judgment.  The DOE Psychologist determined  that the Individual could demonstrate rehabilitation or reformation by completing an IOP program, continuing in aftercare for a minimum of six months, and completing Phosphatidylethanol (PEth) tests for 12 months.

The Individual immediately started his abstinence from alcohol after the day of his DWI arrest and later entered and completed an Intensive Outpatient Program for his alcohol misuse problem. The Individual also submitted documentation of monthly negative PEth tests.

A counselor from the Individual's IOP program and the DOE Psychologist testified ta the hearing their opinion that the Individual had been rehabilitated and reformed from his alcohol misuse problem.

The Administrative Judge found tat the Individual had resolved the Guideline G concerns regarding his alcohol misuse. The Administrative Judge also found that because the Individual's only criminal charges were related to his past alcohol misuse and that he had been rehabilitated from his alcohol problem, the Individual had also resolved the Guideline J security concerns. given this evidence, the Administrative Judge found that the Individual's clearance should be restored. (OHA Case No. PSH- 23-0035, Cronin)