PSH-24-0080 - In the Matter of Personnel Security Hearing

On July 15, 2024, an Administrative Judge determined that an Individual's access authorization under 10 C.F.R. Part 710 should not be restored. In March 2023, the Individual submitted a QNSP in which he disclosed that he was previously arrested and charged with DUI in March 2014, and DWI in June 2014. In December 2016, he was involuntarily hospitalized after he impulsively took all of his medications for depression and PTSD and suffered an overdose.  On June 16, 2023, the Individual was involuntarily hospitalized due to attempting suicide with a firearm after consuming alcohol. In November 2023, a DOE Psychologist evaluated the Individual and diagnosed him with Substance Abuse Disorder (SAD), in Recent Remission, and Major Depression (MDD) with a History of Suicide Attempts. At the hearing, the Individual submitted several negative alcohol tests and supporting testimony from his wife to support his assertions of more than eleven months of abstinence and compliance with mental health and alcohol related treatment. He also provided a letter from his treatment providers who stated the Individual's alcohol issues are in remission and his anxiety and depressive symptoms are well managed through medication. The DOE Psychologist concluded that the Individual's SUD was well-controlled, and he has a fairly good prognosis. However, regarding the Individual's MDD with a History of Suicide Attempts, the DOE Psychologist gave the Individual a fair prognosis due to concerns about some of the Individual's future intentions and risk. Despite his suicide attempt with a firearm, the Individual did not recognize any risks associated with his future plans to use firearms for hunting. Moreover, the Individual admitted he lacked awareness that his mental health had been declining prior to his June 2023 incident, even though his mental health problems had previously led to a 2016 suicide attempt. Also, he and his wife testified that his medical providers stated that it if it became appropriate for Individual to have access to firearms for hunting, he would need restrictions such that the firearms would need to be stored in a locked safe that only the wife had the combination to. Due to the absence of testimony by his providers that did not address the ongoing concerns, the DOE Psychologist's "fair" prognosis, and the seriousness of the latest suicide attempt, the Administrative Judge found that the Individual had not mitigated the Guideline I concerns although he had mitigated the Guideline G concerns. Accordingly, the Administrative Judge determined that the Individual's access authorization should not be restored. (OHA Case No. PSH-24-0080, Balzon)