PSH-23-0125 - In the Matter of Personnel Security Hearing

On November 17, 2023, an Administrative Judge determined that an Individual's access authorization under 10 C.F.R. Part 710 should be restored. The Individual is employed as a DOE contractor in a position that requires him to hold a DOE security clearance. In October 2012, the Individual was arrested and charged with Public Intoxication. Exhibit (Ex.) 1. In December 2022, the Individual was arrested and charged with Driving While Intoxicated (DWI) and Unlawful Possession of a Firearm. In April 2023, the Individual underwent a psychological evaluation by a DOE consultant psychologist ( Psychologist). After evaluating the Individual, the Psychologist concluded the Individual met the criteria for a diagnosis of Alcohol Use Disorder (AUD), Mild, and found the Individual had not shown adequate evidence of rehabilitation or reformation.

At the hearing, the Individual testified that he followed the Psychologist's recommendation to complete an IOP and an aftercare program. Tr. at 13. The Individual submitted attendance records and a Certificate of Completion indicating he enrolled in an IOP on July 19, 2023, and completed the program in September 2023. The Individual submitted attendance records corroborating his testimony that he completed the IOP, and as of the date of the hearing, he had attended three sessions of the aftercare program. After observing the Individual's testimony, the Psychologist testified that she would change the Individual's diagnosis to AUD, Mild, "in early remission." She further testified that despite the Individual not having fully completed her recommendations regarding aftercare, it was her opinion that Individual is adequately rehabilitated and reformed from his AUD, Mild.

As for the Guideline G security concerns, the Administrative Judge found the Individual's and the medical experts' testimony as well as the documentary evidence were convincing and that with regard to the Guideline G security concern, two mitigating factors were applicable. Based on the evidence before him, the Administrative Judge concluded found the Guideline G security concerns had been resolved and that the Individual's access authorization should be restored. (OHA Case No. PSH-23-0125, Cronin)