PSH-24-0123 - In the Matter of Personnel Security Hearing

On August 23, 2024, an Administrative Judge determined that an Individual's access authorization should not be restored under 10 C.F.R. Part 710. The Individual was arrested and charged with Battery in 2022 and 2023 in connection with alleged acts of domestic violence. The Individual met with a DOE-contracted psychologist (DOE Psychologist) who concluded that the Individual habitually or binge consumed alcohol to the point of impaired judgment and met sufficient diagnostic criteria for a diagnosis of Alcohol Use Disorder (AUD) under the Diagnostic and Statistical Manual of Mental Disorders -Fifth Edition, Text Revision (DSM-5-TR). The DOE Psychologist additionally determined that the Individual met sufficient diagnostic criteria for a diagnosis of Adjustment Disorder with Mixed Anxiety and Depressed Mood under the DSM-5-TR. The DOE Psychologist recommended that the Individual receive counseling for his Adjustment Disorder and demonstrate rehabilitation from his AUD by abstaining from alcohol for one year, documenting his abstinence from alcohol with alcohol testing, and participating in an intensive outpatient program for alcohol treatment or Alcoholics Anonymous . At the hearing, the Individual claimed to have reduced his alcohol consumption and offered the testimony of a counselor who was providing him with mental health services. However, the Individual did not undergo alcohol testing and his counseling was primarily focused on his Adjustment Disorder rather than alcohol. The Administrative Judge concluded that the Individual had resolved the security concerns under Guideline I, but not the security concerns under Guidelines G and J. Therefore, the Administrate Judge determined that the Individual's access authorization should not be restored. (OHA Case No. PSH-24-0123, Harmonick)