PSH-24-0100 - In the Matter of Personnel Security Hearing

On November 1, 2024, the Administrative Judge determined that the Individual's access authorization should not be restored under 10 C.F.R. Part 710. The Individual is employed by a DOE contractor in a position that requires him to hold a security clearance. The Local Security Office (LSO) received potentially derogatory information indicating that the Individual had been arrested and charged with DWI after consuming alcohol and driving home in 2023 and 2000. The Individual was also evaluated by a DOE-consultant psychologist (DOE Psychologist) who determined that the Individual drinks habitually and he binge consumes alcohol on a regular basis to the point of impaired judgment. The DOE Psychologist did not find adequate evidence of rehabilitation or reformation and made a series of recommendations. At the hearing, the Individual testified that he abstained from alcohol for two years while on probation for his 2000 DWI and returned to alcohol consumption when his probation ended . He testified that he was still on probation for his 2023 DWI and was compliant with the terms. He further testified that he continued to attend the weekly social activity that precipitated his 2023 DWI but had abstained from alcohol since November 2023 and had attended Alcoholics Anonymous at least twice monthly since March 2024. The Administrative Judge determined that doubt remained about the Individual's criminal conduct and problematic alcohol use due to his history of returning to alcohol use after completing probation for his 2000 DWI and his continued attendance of the social events that led to his 2023 DWI. Accordingly, the Individual was not able to mitigate the stated Guideline G and J concerns. (OHA Case No. PSH-24-0100, Martin)