Decisions were issued on: - Personnel Security
Office of Hearings and Appeals
February 18, 2022
minute read time
Personnel Security Hearing (PSH)
Access Authorization Denied; Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), Guideline H (Drug Involvement and Substance Misuse), and Guideline I (Psychological Conditions)
On February 14, 2022, an Administrative Judge determined that an Individual should not be granted access authorization under 10 C.F.R. Part 710. The Individual completed a Questionnaire for National Security Positions in which he disclosed that he had used Adderall without a prescription and cocaine for which he obtained treatment in 2017. The Individual also disclosed that he had been arrested for possession of a controlled substance within the prior month, but denied any illegal drug use since 2017. He also denied that alcohol use had negatively impacted him in the prior seven years. The Individual subsequently denied using illegal drugs or engaging in problematic alcohol use in an interview with an Office of Personnel Management investigator and in response to a letter of interrogatory issued by the local security office. However, the Individual admitted during a clinical interview with a DOE Psychiatrist that he had relapsed in 2019 and engaged in binge drinking and drug use. The DOE Psychiatrist diagnosed the Individual with Alcohol Use Disorder, Severe, and Cocaine Use Disorder, Severe. The DOE Psychiatrist recommended that the Individual demonstrate rehabilitation by abstaining from drugs and alcohol, undergoing random drug and alcohol screenings, and attending Alcoholics Anonymous and Narcotics Anonymous meetings. At the hearing, the Individual denied that he had intentionally been untruthful during the investigation of his eligibility for a security clearance. He also claimed to have abstained from drugs and alcohol for over two years,but provided only one drug test over that period to support his claims. The Administrative Judge concluded that the Individual had not resolved the security concerns under Guideline E because he refused to acknowledge his deceptive behavior during the security investigative process. The Administrative Judge also concluded that the Individual had not sufficiently demonstrated abstinence from drugs and alcohol to resolve the security concerns under Guidelines G and H. Therefore, the Administrative Judge determined that the Individual should not be granted access authorization. (OHA Case No. PSH-22-0008, Harmonick)
Clearance Not Restored; Guideline F (Financial Considerations)
On February 17, 2022, 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 requiring that he hold a DOE security clearance. The Individual reported that he failed to file state and federal tax returns for tax years 2013-2018.
The Individual presented evidence that he had filed all of his past due tax returns, but some only recently and one after the hearing. He owed nearly $ 200,000 total for to federal and state tax agencies. While the Individual testified that he intended to begin a payment plan of $ 5,000 per month soon, as of the hearing date he had not made any payments toward his tax debt. The Administrative Judge determined that the Individual had not resolved the security concern associated with Guideline F. Accordingly, she concluded that the Individual's access authorization should not be restored.(OHA Case No. PSH-21-0110, Martin)