Decisions were issued on: - Personnel Security
Office of Hearings and Appeals
April 9, 2021
minute read time
PSH-21-0006
Personnel Security; Access Authorization Not Restored; Guideline E (Personal Conduct)
On April 6, 2021, an Administrative Judge (AJ) determined that an 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 a security clearance. The Individual self- reported that he was being extorted by two individuals with whom he had primarily communicated by text message. He also reported that he had paid thousands of dollars to the extorters, over several separate transactions, in response to their demands and to prevent them from disclosing sexually charged text messages and images they obtained through the aforementioned communication. After receiving additional information from the Individual, the DOE suspended the Individual's security clearance citing Guideline E of the Adjudicative Guidelines.
At the hearing, the Individual did not dispute the DOE's allegations but rather provided documents and witness testimony in an attempt to resolve the security concerns. At the conclusion of the hearing, the AJ determined that the DOE appropriately invoked Guideline E, and the Individual failed to resolve the security concerns. First, the AJ determined that the Individual did not promptly report the issue. Second, the AJ rejected the Individual's testimony that his failure to disclose the extortion earlier in the process resulted from his belief, at the time, that his personal life could not affect his professional life. Third, the AJ found that the Individual had not taken sufficient positive steps to alleviate the circumstances that contributed to untrustworthy and inappropriate behavior. Accordingly, the AJ concluded that the Individual's access authorization should not be restored. OHA Case No. PSH-21- 0006 (James P. Thompson III).
PSH-21-0012
Personnel Security; Access Authorization Restored; Guideline G (Alcohol Consumption); Guideline I (Psychological Conditions)
On April 7, 2021, an Administrative Judge determined that an individual's access authorization under 10 C.F.R. Part 710 should be restored. The Individual is employed by a DOE contractor in a position that requires her to hold a DOE security clearance. In August 2018, the Individual reported to the Local Security Office (LSO) that she had admitted herself into a treatment facility as she was using alcohol to cope with her mental health issues. She later underwent a psychological evaluation by a DOE consultant psychologist ( Psychologist) in March 2019. The Psychologist conducted a second psychological evaluation of the Individual in August 2019, after the Individual self-reported in May 2019, that she had again admitted herself into an inpatient treatment center for anxiety. Following the evaluation, the Psychologist diagnosed the Individual with Alcohol Use Disorder, Moderate, in Early Remission, without adequate evidence of rehabilitation or reformation, Generalized Anxiety Disorder with Panic Attacks, and Alcohol-Induced Depressive Disorder. During the hearing, the Individual reported that she had last consumed alcohol on May 26, 2019. She further testified to receiving inpatient treatment for both her alcohol use disorder and her anxiety and was actively under the treatment of both a therapist and psychiatrist. The Individual also illustrated how she now copes with her anxiety without the use of alcohol. After reviewing the evidence and observing all the testimony at the hearing, the Psychologist testified that the Individual showed adequate evidence of rehabilitation or reformation for both her alcohol use disorder and mental health conditions. The Administrative Judge determined that the Individual resolved the security concerns associated with Guideline G and Guideline I. Accordingly, she concluded that the Individual's access authorization should be restored. OHA Case No. PSH-21-0012 (Katie Quintana)