PSH-23-0114 - In the Matter of Personnel Security Hearing

On October 19, 2023, an Administrative Judge determined that the Individual's access authorization should not be restored under 10 C.F.R. Part 710. In April 2022, the Individual completed a Questionnaire for National Security Positions (QNSP) in which he reported that he had been reprimanded at work in two previous positions, had been terminated from four previous positions, had consumed marijuana weekly until 2019, had been involuntarily hospitalized for a mental health condition in 2017, and had been diagnosed with bipolar disorder in 2016. In response, the Local Security Office (LSO) sent the Individual to a Psychologist, who after evaluating him opined that the Individual had untreated bipolar disorder and ADHD. In addition, she wrote that he had a history of marijuana, but that there was no evidence of current drug use or abuse. She continued that many of his employment problems resulted from his marijuana use and he had an increased risk of returning to marijuana use because of his untreated bipolar disorder and ADHD. The Individual's father testified that the Individual was diagnosed with ADHD in "grade school," but the doctor wanted the Individual to cease taking the prescription medication. The Individual also testified about the Individual's involuntary hospitalization, stating that the Individual was sad because he had broken up with a long -term girlfriend. The DOE Psychologist testified that the Individual's untreated bipolar illness and ADHD create a potential for problems in judgment or reliability.  The Administrative Judge determined that the Individual had not mitigated the Guidelines E, H, or I concerns. Accordingly, the Individual was not able to demonstrate that he had resolved the security concerns arising under Guidelines E, H, or I. ( OHA Case No. PSH-23-0114, Fishman)