PSH-23- 0068 - In the Matter of Personnel Security Hearing

Access Authorization Not Restored; Guideline G (Alcohol Consumption)

Office of Hearings and Appeals

July 19, 2023
minute read time

On July 19, 2023, an Administrative Judge determined that an Individual's access authorization should not be restored under 10 C.F.R. Part 710. In September 2022, the Individual disclosed to the local security office (LSO) that he had been arrested and charged with Driving While Intoxicated (DWI). At the request of the LSO, the Individual met with a DOE-contracted psychiatrist (DOE Psychiatrist) for a psychiatric evaluation. Following the evaluation, the DOE Psychiatrist issued a report in which he concluded that the Individual met sufficient diagnostic criteria for a diagnosis of Alcohol Use Disorder ( AUD), Severe, under the Diagnostic and Statistical Manual of Mental Disorders - Fifth Edition and that he habitually consumed alcohol to the point of impaired judgment. The DOE Psychiatrist recommended that the Individual abstain from alcohol for one year, undergo treatment, and participate in Alcoholics Anonymous (AA). At the hearing, the Individual represented that he had completed all court-ordered obligations in connection with the DWI and had abstained from alcohol for three months but had not undergone treatment for AUD or attended AA. The DOE Psychiatrist opined at the hearing that the Individual's prognosis for avoiding a relapse into problematic alcohol consumption would be unfavorable unless he obtained treatment. The Administrative Judge concluded that the Individual had not resolved the security concerns asserted by the LSO under Guideline G, and therefore determined that his access authorization should not be restored. (OHA Case No. PSH-23- 0068, Harmonick)

PSH-23-0068.pdf (192.68 KB)