PSH-24-0042 - In the Matter of Personnel Security Hearing

Access Authorization Not Granted; Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), Guideline H (Drug Involvement and Substance Abuse), Guideline I (Psychological Conditions), and Guideline J (Criminal Conduct)

Office of Hearings and Appeals

April 23, 2024
minute read time

On April 23, 2024, an Administrative Judge determined that an Individual should not be granted access authorization under 10 C.F.R. Part 710. The Individual signed and submitted a Questionnaire for National Security Positions (QNSP) in connection with seeking access authorization. The Individual disclosed on the QNSP that he had been arrested and charged with underage possession of alcohol and had used illegal drugs. A background investigation of the Individual revealed that he had failed to fully disclose derogatory information on the QNSP. The Individual subsequently met with a DOE-contracted psychologist (DOE Psychologist) who determined that the Individual habitually or binge consumed alcohol to the point of impaired judgment and had an emotional condition that could impair his judgment and reliability. At the hearing, the Individual brought forth sufficient evidence to establish that he was rehabilitated from his alcohol misuse and that the psychological condition identified by the DOE Psychologist did not present a current problem. However, the Administrative Judge concluded that the Individual's excuses for his inaccurate responses on the QNSP, the limited evidence concerning the duration of the Individual's abstinence from illegal drugs, and the volume and recency of the Individual's unlaw conduct presented unresolved security concerns under Guidelines E, H, and J. Therefore, the Administrate Judge determined that the Individual should not be granted access authorization. (OHA Case No. PSH-24-0042, Harmonick) 

PSH-24-0042.pdf (282.27 KB)