PSH-23-0092 - In the Matter of Personnel Security Hearing

On August 30, 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 the Individual admitted that he would be vulnerable to blackmail because he has been dressing in women's clothing. Further, the LSO alleged that the Individual was terminated from the employ of two different employers for such acts as using a personal computer to work to engage in personal business and leaving work early. The also LSO alleged that the Individual was charged with two previous alcohol -related criminal offenses, that the DOE Psychologist diagnosed him with Alcohol Use Disorder, Mild, and stated that his continued alcohol consumption will likely compromise his judgment, that his employment history evidenced a disregard for the rules, and his inability to accept the gravity of his actions indicates that his judgment and decision making are unreliable.

Based on the evidence provided and the testimony presented, the Administrative Judge determined that Guideline I was improperly invoked and that the computer -related allegations should not have been invoked under Guideline E. The Administrative Judge also determined that the Individual had properly mitigated the Guideline D concerns, but failed to mitigate the Guideline E, G, and M concerns. (OHA Case No. PSH-23-0092, Rahimzadeh)