Decisions were issued on: - Personnel Security
Office of Hearings and Appeals
June 17, 2022
minute read time
Personnel Security Hearing (PSH)
Personnel Security: Alcohol Consumption (Guideline G)
On June 14, 2022, 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 her to hold a security clearance. In April 2021, the Individual reported to the Local Security Office (LSO) that she had admitted herself into an inpatient treatment program from February 2021 to March 2021 for treatment of alcohol dependency and depression. Following a DOE psychological evaluation by a DOE consultant psychologist (Psychologist) in July 2021, the DOE Psychologist diagnosed the Individual with Alcohol Use Disorder (AUD), Severe, without adequate evidence of rehabilitation or reformation. Regarding Guideline G, the LSO alleged the DOE Psychologist's diagnosis of AUD, Severe, the Individual's subsequent relapse soon after completing inpatient treatment, and her laboratory test results which indicated heavy alcohol consumption despite her assertions that she had abstained from alcohol for 43 days prior to testing. At the hearing, the Individual presented witness testimony, and testified that she had been abstinent from alcohol for nine months. She testified that she was actively participating in an IOP program, was attending AA meetings regularly, was working the AA Steps with her AA sponsor and was working on Step 4, and was participating in weekly psychotherapy sessions. She submitted evidence including AA attendance logs, a letter from her therapist with a detailed status update for her treatment plan, a letter from her AA sponsor, and negative breath alcohol tests from October 2021 through March 2022, and two negative PEth tests for February 2022 and March 2022. A letter from her current IOP program confirmed she was participating in an IOP program and had completed phase three of a five -phase IOP program.
At the hearing, the DOE Psychologist opined that the Individual has a diagnosis of AUD in Early Remission. Her recommendations included that the Individual complete an IOP program for 12 to 16 weeks, and then complete an aftercare program for 18 months, thereby constituting a total of a two- year commitment to active treatment. The testimony and evidence established that the Individual did not satisfy the DOE Psychologist's recommendations. Accordingly, the Administrative Judge concluded that the Individual had not resolved the security concerns asserted by the LSO under Guideline G. Therefore, the Administrative Judge determined that the Individual's access authorization should not be restored. (OHA Case No. PSH-22-0043, Balzon).