Access Authorization Not Granted; Guideline G (Alcohol Consumption)
Office of Hearings and Appeals
December 23, 2024On December 23, 2024, an Administrative Judge (AJ) determined that the Individual's access authorization should not be granted under 10 C.F.R. Part 710. The Local Security Office found that the Individual's alcohol use created a substantial doubt regarding his eligibility to hold a security clearance, specifically (1) a DOE-contracted Psychiatrist's (DOE Psychiatrist) diagnosis of Alcohol Use Disorder, Moderate with no adequate evidence of rehabilitation or reformation; (2) the Individual's quantitatively positive PEth test result at 152 ng/mL; (3) the Individual's 2022 traffic accident, before which he consumed three beers and one mixed drink; (4) and the Individual's 2002 DWI involving the ATV. After the hearing, the AJ determined that the Individual had not put forth sufficient evidence to mitigate the security concerns under Guideline G given that he had only remained sober for approximately five months and had started attending AA meetings only after the hearing and despite receiving the DOE Psychiatrist's recommendation to do so five months prior. Accordingly, the AJ concluded that the Individual's access authorization should not be granted. (OHA Case No. PSH-24- 0173, Balzon)