PSH-23-0091 - In the Matter of Personnel Security Hearing

Access Authorization Not Granted; Guidelines G (Alcohol Consumption)

Office of Hearings and Appeals

July 31, 2023
minute read time

On July 31, 2023, an Administrative Jude determined that the Individual's access authorization should not be granted under 10 C.F.R. Part 710. The Individual is employed by a DOE contractor in a position that requires him to hold a security clearance. the Local Security Office (LSO) received potentially derogatory information indicating that the DOE Psychologist opined that the Individual was drinking habitually and binge drinking, and that as a result, the Individual was placing himself in a position of compromised judgment or reliability on a regular basis. The LSO also alleged that the results of a blood alcohol test performed in conjunction with the psychological evaluation showed evidence of moderate to heavy alcohol consumption, and that in 2019, the Individual was charged with alcohol-related offenses after consuming alcohol and failing a breathalyzer test.

The Individual and DOE Psychologist testified. The record established that although the Individual had made an appointment to receive therapy for his alcohol consumption, he had not yet received treatment and he had not attended any self-help groups, like Alcoholics Anonymous. The Individual stated his belief that his consumption was not problematic and testified that he had engaged in short periods of abstinence. He did not state a specific intention to remain abstinent in the future. The DOE Psychologist testified that the Individual had not shown adequate evidence of rehabilitation or reformation. Accordingly, the Administrative Judge could not conclude that the Individual had mitigated the stated Guideline G concerns. (OHA Case No. PSH-23-0091, Rahimzadeh)

PSH-23-0091.pdf (158.46 KB)