PSH-24-0133 - In the Matter of Personnel Security Hearing

Access Authorization Not Restored; Guideline E (Personal Conduct); Guideline G (Alcohol Consumption)

Office of Hearings and Appeals

August 15, 2024
minute read time

On August 15, 2024, an Administrative Judge determined that an individual's access authorization under 10 C.F.R. Part 710 should not be restored. The Individual is employed by a DOE contractor in a position that requires him to hold a security clearance. As part of the Continuing Evaluation process for security clearance holders, the DOE learned that in April 2022, the Individual had been arrested for an alcohol related incident. In response to a Letter of Interrogatory, the Individual provided documentation indicating that he had been diagnosed with an alcohol use disorder in July 2022. The Individual underwent a psychological assessment with a DOE consultant psychologist (DOE Psychologist) who concluded that the Individual met the criteria for an alcohol use disorder. At the hearing, the Individual testified that he had been abstinent from alcohol for approximately three months, and he admitted that he had not been honest with the DOE Psychologist regarding his alcohol consumption. The DOE Psychologist testified that the Individual had not yet established adequate evidence of rehabilitation or reformation regarding the alcohol use disorder. Ultimately, the Administrative Judge determined that the Individual had failed to mitigate the Guideline E and Guideline G security concerns, and she concluded that the Individual's access authorization should not be restored. (OHA Case No. PSH-24-0133, Quintana) 

PSH-24-0133.pdf (275.65 KB)