Decisions were issued on: - Personnel Security
Office of Hearings and Appeals
April 7, 2023
minute read time
Personnel Security Hearing (PSH)
Access Authorization Restored; Guideline A (Alcohol Consumption), Guideline J ( Criminal Conduct)
On April 6, 2023, an Administrative Judge determined that an Individual's access authorization under 10 C.F.R. Part 710 should be restored. In May 2022, the Individual was arrested and charged with Driving While Intoxicated. She had previously been arrested and charged with Driving Under the Influence in 2014. A DOE Contractor psychologist opined that the Individual habitually consumed alcohol past the point of intoxication. The Individual's security clearance was suspended pursuant to Administrative Guidelines G (Alcohol Consumption) and J (Criminal Conduct) At the hearing, the Individual presented evidence that she had completed an Intensive Outpatient Program and was attending an aftercare program and counseling. She also presented evidence that she had been abstinent from alcohol for eight months and testified that she intended to remain abstinent indefinitely . The psychologist and the Individual's counselor both opined that the Individual's prognosis was good . For the foregoing reasons, the Administrative Judge found that the Individual had mitigated the Guideline G and Guideline J concerns and recommended that the Individual's security clearance be restored. (OHA Case No. PSH-23-0029, Martin)
Access Authorization Granted; Guideline G (Alcohol Consumption)
On April 6, 2023, an Administrative Judge determined that the Individual's access authorization should be granted under 10 C.F.R. Part 710. In May 2022, the Individual failed to report to an employer mandated breath alcohol test (BAT) in a timely fashion. In August 2022, a DOE consulting Psychologist evaluated the Individual and diagnosed the Individual with Unspecified Alcohol -Related Disorder. The DOE Psychologist recommended that the Individual complete the abbreviated Intensive Outpatient Program (IOP) that she was enrolled in at the time of the interview and continue with her aftercare plan. Following the successful completion of the IOP, the DOE Psychologist indicated that the Individual should complete at least two months of "vigorous" therapy and attend Alcoholics Anonymous (AA) at least four times a week. She also recommended that the Individual's AA attendance should be documented, and that the Individual should work on the 12 steps with a sponsor. Finally, the DOE Psychologist recommended ongoing monthly PEth tests. At the hearing, the Individual acknowledged her problematic alcohol consumption. She testified that she attends therapy once a week, aftercare once a week, and several AA meetings a week. She provided monthly PEth tests from July 2022 to February 2022, which were all negative. The Individual's witnesses, including her partner, her AA sponsor, her co -worker, and her counselor, confirmed her testimony regarding her IOP, aftercare, and AA attendance. The DOE Psychologist opined that the Individual's efforts exceeded the evidence that was requested for demonstrating rehabilitation and reformation. The Administrative Judge found that the Individual mitigated the concerns raised by her alcohol use. Due to the Individual's mitigation of the concerns raised under Guideline G and that the Guideline E concerns were related to her alcohol use, the Administrative Judge found that the Individual mitigated the concerns raised by her questionable judgment, lack of candor, dishonesty, or unwillingness to comply with rules and regulations. Accordingly, the Individual was able to demonstrate that she had resolved the security concerns arising under Guidelines G and E. ( OHA Case No. PSH-23-0023, Fishman)
Access Authorization Not Restored; Guideline G (Alcohol Consumption)
On April 7, 2023, an 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 regarding the Individual's alcohol consumption. Regarding the Guideline G charges, the LSO alleged that the Individual underwent a psychological evaluation in July 2022, and, in the same month, the DOE Psychologist issued a Report indicating that the Individual consumes alcohol "habitually and excessively to the point of impaired judgment" and that he had not shown adequate evidence of rehabilitation or reformation. The LSO also alleged that in March 2022, the Individual was arrested and charged with DWI, that a Breathalyzer test was administered and registered at 0.144% blood alcohol content (BAC), and that the Individual admitted that he had consumed five mixed drinks before his arrest.
The Individual, the DOE Psychologist, and three other witnesses testified at the hearing. The evidence in the record established that the Individual properly self -reported the March 2022 incident and completed two court-ordered education classes in August and September 2022. The testimony indicated that the Individual stopped consuming alcohol in August 2022 and submitted to three alcohol urine tests, all of which were negative. The Individual underwent a Phosphatidylethanol (PEth) blood test in conjunction with the psychological evaluation, and that test was also negative. While the Individual began attending Alcoholics Anonymous (AA) meetings in October 2022, he discontinued attending those meetings weeks before the hearing. The testimony also indicated that the Individual's spouse was not aware of how much alcohol the Individual was actually consuming, that he did not feel intoxicated on the night of the March 2022, and that the Individual did not feel that his alcohol consumption was problematic. The DOE Psychologist did not find adequate evidence of rehabilitation or reformation. (OHA Case No. PSH-23-0024, Rahimzadeh)