Summary of Decisions - February 21, 2022 - February 25, 2022

Personnel Security Hearing (PSH)

Access Authorization Restored; Guideline F (Financial Considerations)

On February 25, 2022, an Administrative Judge determined that the Individual's access authorization should 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 finances. The Individual signed and submitted a Questionnaire for National Security Positions (QNSP) in which he answered questions pertaining to his income tax returns. He indicated that he had failed to file his federal income taxes for tax years 2017 and 2018. During the investigation process, it was determined that the Individual had also failed to file state income taxes for tax year 2019.

At the hearing, the Individual and one other witness testified. Through competent testimony and exhibits admitted into the record, it was established that the Individual had failed to file his state income taxes because he was mistaken about his ongoing duty to timely file   income   taxes regardless of whether he anticipated a refund. Although he had not filed for an extension, the Individual filed his state income tax returns for tax years 2017 through 2019 in 2021. Prior to the hearing, the Individual also submitted his federal and state income tax returns for tax years 2020 and 2021. The credible testimony also indicated that at the time of the hearing, the Individual understood the importance in his ongoing duty to file income taxes and the associated security concerns in the event he failed to file.

Accordingly, the Individual was able to demonstrate that he had fully resolved the security concerns arising under Guideline F. OHA Case No. PSH-22-0003 (Kimberly Jenkins-Chapman). 

Access Authorization Granted; Guideline F (Financial Considerations)

On January 25, 2022, an Administrative Judge determined that an individual's access authorization under 10 C.F.R. Part 710 should be granted. The Individual is employed by a DOE contractor in a position requiring that he hold a DOE security clearance. The Individual reported that he had failed to file state and federal taxes for tax years 2016 through 2019.

During the hearing, the Individual presented evidence that he had filed all delinquent taxes and had filed his 2020 taxes as well. He also presented evidence that he had paid all taxes owed and had the ability to pay any associated penalties once they were assessed. The Individual testified that he had been misinformed about the need to file tax returns annually, whether or not he expected to receive a refund. He was committed to completing his tax obligations on time in the future. The Administrative Judge determined that the Individual had resolved the security concern associated with Guideline F . Accordingly, she concluded that the Individual's access authorization should be granted. (OHA Case No. PSH-21-0101, Martin)

Access Authorization Restored; Guideline G (Alcohol Consumption)

On February 25, 2022, an Administrative Judge (AJ) determined that an Individual's access authorization should be restored under 10 C.F.R. Part 710. The Individual is an employee of a DOE contractor in a position that requires the possession of a security clearance. In 2021, the Individual submitted an incident report disclosing his arrest for Driving While Intoxicated (DWI). The DOE Local Security Office (LSO) conducted an investigation and requested that   the   Individual   be evaluated by a DOE-consultant psychologist ("Psychologist"). Subsequently, the LSO informed the Individual that it possessed reliable information that created substantial doubt regarding his eligibility to possess a security clearance.

At the conclusion of the hearing, the AJ determined that the LSO appropriately invoked Guideline G because the LSO cited the Psychologist's conclusion that the Individual met the criteria   for Unspecified Alcohol-Related Disorder; the Psychologist's conclusion that the Individual habitually or binge consumes alcohol to the point of impaired judgement, reliability, and trustworthiness; and the Individual's 2021 arrest and related DWI charge.

The AJ also determined that the Individual had resolved the security concerns for the following reasons. First, the Individual admitted he had an alcohol use problem. Second, he provided evidence of the significant actions he had taken to overcome the problem, including successfully remaining abstinent; regularly attending a treatment program, individual counseling sessions, and AA meetings; actively participating in his treatment; and creating relationships with AA members who hold him accountable. Third, the record demonstrated a clear and established pattern of modified consumption in accordance with treatment recommendations, and the Psychologist concluded that the Individual had a good prognosis and low risk of relapse.

Accordingly, the AJ concluded that the Individual had resolved the Guideline G security concerns. (OHA Case   No. PSH-22-0005, Thompson)