PSH-24-0007 - In the Matter of Personnel Security Hearing

On February 9, 2024, an Administrative Judge determined that the Individual's access authorization should be granted under 10 C.F.R. Part 710. In August 2022, the Individual was charged with Battery Upon a Peace Officer after consuming four to six beers and a shot of whiskey. Four months later, in December 2022, the charge was dismissed. As a result of the criminal charge, the Local Security Office issued a Letter of Interrogatory (LOI) concerning the incident. In his response, he stated that he had not consumed any alcohol since the incident. In June 2023, the DOE Psychologist evaluated the Individual and diagnosed him with Alcohol Use Disorder (AUD), moderate in early remission, without adequate evidence of rehabilitation or reformation. The Individual, his aunt, his sister, and his mother testified that he has not consumed alcohol since the incident. The Individual and his EAP counselor testified that he has been attending a six-week EAP course and is now scheduled to attend a twelve - week "Maintaining Changes" course, which is alcohol use based. Based on the testimony he heard at the hearing, the DOE Psychologist testified that he no longer carries the AUD diagnosis, because he has not met the criteria for the disorder for a period of sixteen months. The DOE Psychologist also testified that he showed adequate evidence of rehabilitation or reformation. Accordingly, the Individual was able to demonstrate that he had resolved the security concerns arising under Guideline G. (OHA Case No. PSH-24-0007, Fishman)