Decisions were issued on: - Personnel Security
Office of Hearings and Appeals
April 26, 2024
minute read time
Personnel Security Hearing (PSH)
Access Authorization Not Restored; Guideline E (Personal Conduct), Guideline G ( Alcohol Consumption), Guideline J (Criminal Conduct)
On April 22, 2024, 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 personal conduct, alcohol consumption, and criminal conduct. The Individual testified on his own behalf and presented the testimony of four other witnesses. The DOE Psychologist testified at the hearing.
Although the Administrative Judge determined that Guideline E was not applicable in this case, the Individual failed to mitigate the stated Guideline G and J concerns. The Individual admitted to engaging in habitual or binge drinking, but he failed to remain abstinent for six months and did not participate in an inpatient treatment program or in a program like Alcoholics Anonymous (AA) for a minimum of six months. As the Guideline J concerns inextricably intertwined with the Individual's alcohol consumption, the Individual failed to mitigate the stated Guideline J concerns. (OHA Case No . PSH-24-0055, Rahimzadeh)
Access Authorization Not Granted; Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), Guideline H (Drug Involvement and Substance Abuse), Guideline I (Psychological Conditions), and Guideline J (Criminal Conduct)
On April 23, 2024, an Administrative Judge determined that an Individual should not be granted access authorization under 10 C.F.R. Part 710. The Individual signed and submitted a Questionnaire for National Security Positions (QNSP) in connection with seeking access authorization. The Individual disclosed on the QNSP that he had been arrested and charged with underage possession of alcohol and had used illegal drugs. A background investigation of the Individual revealed that he had failed to fully disclose derogatory information on the QNSP. The Individual subsequently met with a DOE-contracted psychologist (DOE Psychologist) who determined that the Individual habitually or binge consumed alcohol to the point of impaired judgment and had an emotional condition that could impair his judgment and reliability. At the hearing, the Individual brought forth sufficient evidence to establish that he was rehabilitated from his alcohol misuse and that the psychological condition identified by the DOE Psychologist did not present a current problem. However, the Administrative Judge concluded that the Individual's excuses for his inaccurate responses on the QNSP, the limited evidence concerning the duration of the Individual's abstinence from illegal drugs, and the volume and recency of the Individual's unlaw conduct presented unresolved security concerns under Guidelines E, H, and J. Therefore, the Administrate Judge determined that the Individual should not be granted access authorization. (OHA Case No. PSH-24-0042, Harmonick)
Access Authorization Restored; Guidelines G (Alcohol Consumption) and I (Psychological Conditions)
On April 24, 2024, an Administrative Judge determined that the Individual's access authorization should restored under 10 C.F.R. Part 710. In March and April 2023, DOE received Information Reports that indicated that the Individual had been suspended for a week without pay because of two incidents involving coworkers and inappropriately aggressive behavior. As a result of these reports, DOE asked the Individual to complete a Letter of Interrogatory (LOI). After receiving the Individual's LOI in June 2023, DOE still had concerns and asked the Individual to undergo a psychological evaluation with a DOE-contracted psychologist (DOE Psychologist). The DOE Psychologist diagnosed the Individual with Unspecified Alcohol-Related Disorder (UARD), without adequate evidence of rehabilitation or reformation. Additionally, the DOE Psychologist diagnosed the Individual with Generalized Anxiety Disorder (GAD) with Panic Attacks. The Individual presented testimony and evidence that she began attending an Intensive Outpatient Treatment Program, along with seeing a counselor and going to her Employee Assistance Program. The DOE Psychologist opined at the hearing that the Individual was rehabilitated and reformed from the UARD and GAD. Therefore, the Administrative Judge found that the Individual had mitigated the concerns arising from the Guidelines G and I. Accordingly, the Individual was able to demonstrate that she had resolved the security concerns arising under Guidelines G and I. (OHA Case No. PSH-24-0022, Fishman)