Summary of Decisions - June 28, 2021 - July 02, 2021

Personnel Security Hearing 

Personnel Security; Access Authorization Granted; Guideline F (Financial Considerations)

On June 28, 2021, an Administrative Judge determined that an Individual should be granted access authorization under 10 C.F.R. Part 710. The Individual completed a Questionnaire for National Security Positions (QNSP) in October 2019. The Individual disclosed   on   the QNSP that he did not file federal or state personal income tax returns for the 2015 tax year. The Individual also disclosed two unpaid debts in collections on which he owed a cumulative $341. The Local Security Office (LSO) issued the Individual a letter of interrogatory (LOI) concerning his financial circumstances. In his response to the LOI, the Individual indicated that he did not intend to repay his delinquent debts because he believed that doing so would extend the length of time for which the delinquencies appeared on his credit report. At the hearing, the Individual demonstrated that he had filed federal and state personal income tax returns for 2015, timely filed personal income tax returns for all subsequent tax years, and did not owe unpaid taxes. The Individual testified that he incurred the two delinquent debts while in graduate school in 2014 and that since that time he had learned a great deal about managing his finances. The Individual demonstrated that he had paid his delinquent debts, had not incurred any other delinquencies, and was financially stable and able to meet his obligations. As the Individual had resolved the derogatory financial information identified by the LSO and had established years of responsible behavior with respect to his finances, the Administrative Judge concluded that the Individual had mitigated the security concerns asserted by the LSO under Guideline F. Therefore, the Administrative Judge concluded that the Individual should be granted access authorization. OHA Case No. PSH-21-0049 (Phillip Harmonick).

Personnel Security; Access Authorization Granted; Guideline F (Financial Considerations)

On June 29, 2021, 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 that requires him to hold a DOE security clearance. The Individual had several past due accounts, most of which were medical debt, and had failed to file his 2018 state and federal taxes. The Individual submitted evidence that he had filed his 2018 taxes and had satisfied or set up a payment plan for each past due account. After reviewing the evidence and observing all of the testimony at the hearing, the Administrative Judge determined that the Individual had resolved the security concerns. Accordingly, she concluded that the Individual's access authorization should be granted. OHA Case No. PSH- 21-0044 (Kristin L. Martin).

Personnel Security; Access Authorization Restored; Guideline G (Alcohol Consumption)

On June 30, 2021, an Administrative Judge determined that the 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 him to hold a DOE security clearance. The Local Security Office (LSO) received potentially derogatory information regarding the Individual's alcohol consumption. Under Guideline G, the LSO alleged that (1) the DOE Psychiatrist diagnosed the Individual with Alcohol Use Disorder (AUD), Moderate, without adequate evidence of rehabilitation or reformation, and further concluded that the Individual's AUD " causes, or may cause, a significant defect in judgement or reliability[;]" (2) random BAT results on April 1, 2020, indicated blood alcohol levels of 0.029 and 0.028, and the Individual admitted that the night before, he had consumed four mixed drinks, each containing two shots of vodka; (3) random BAT results on January 27 2017, registered a BAC of 0.06, and during a subsequent interview, the Individual admitted that he had consumed approximately five sixteen-ounce beers in addition to smaller beer samples between the hours of 7:20 pm and midnight the previous evening.

At the hearing, the Individual and three other witnesses testified. The evidence established that the Individual began attending Alcoholics Anonymous meetings in April 2020, attending approximately sixty-five meetings at the time of the hearing. The evidence also showed that the Individual had remained abstinent for over a year, which was corroborated by a number of negative alcohol tests. The Individual had also been attending therapy since December 2020, and further, his therapist testified that although the Individual had met the criteria for AUD in the past, the Individual had remained abstinent for more than a year. The DOE Psychiatrist testified that the Individual was in sustained remission and had shown adequate reformation and rehabilitation. Based on credible testimony from the lay witness, the Individual, and two experts, the Administrative Judge concluded that the Individual had mitigated all security concerns stated in the Notification Letter. The Administrative Judge therefore concludes that the Individual's access authorization should be restored. OHA Case No. PSH-21-0050 (Janet R.H. Fishman).

Personnel Security; Access Authorization Granted; Guideline G (Alcohol Consumption), Guideline I (Psychological Conditions)

On July 1, 2021, an Administrative Judge (AJ) determined that an Individual should be granted access authorization under 10 C.F.R. Part 710. The Individual is employed by a DOE contractor in a position that requires a security clearance. The DOE Local Security Office (LSO) discovered that the Individual had been receiving treatment for his anxiety and his use of alcohol. The LSO requested that the Individual receive a psychiatric evaluation from a DOE-consultant psychologist ("Psychologist"). Subsequently, the LSO informed the Individual that it possessed reliable information that created substantial doubt regarding the Individual's eligibility to possess a security clearance under Adjudicative Guideline G and Guideline I citing concerns that included the Psychologist's conclusion that the Individual met the Diagnostic and Statistical Manual of Mental Disorders, 5th Edition (DSM-5), criteria for Alcohol Use Disorder (AUD), Mild, in 2017; the Individual was arrested and charged with Aggravated Driving While Under the Influence and other related charges; the Individual admitted to drinking alcohol to intoxication a few times a week; and the Psychologist's conclusion that the Individual has a mental condition, namely Social Anxiety with possible paranoid underpinnings, that impairs his judgement and trustworthiness.

At the hearing, the Individual did not dispute the DOE's allegations but rather provided documents and witness testimony to resolve the security concerns. At the conclusion of the hearing, the AJ determined that the DOE appropriately invoked Guideline G and Guideline I and that the Individual succeeded in resolving the security concerns for the following reasons . As to Guideline G, the Individual acknowledged, through testimony, that he had a problem with alcohol and that he previously used it to cope with stress; he has been under the treatment of two counselors, one of whom is focused on treating his AUD; he no longer associates with people with whom he used to consume alcohol; and he engages in alternative recreational and physical activities to mitigate stress. Furthermore, the Individual established a clear and established pattern of abstinence by demonstrating, through his testimony and by providing corroborating laboratory test results, that he has remained abstinent from alcohol for over a year. And the Individual demonstrated that his actions were in accordance with treatment recommendations because his counselor gave him a good prognosis based on his progress and the Psychologist gave the Individual a good prognosis after concluding that the Individual's AUD is reformed and in full, sustained remission.

Regarding Guideline I, the AJ found that the Individual's condition is readily controllable with appropriate treatment and that the Individual has demonstrated ongoing and consistent compliance with the treatment recommendations by regularly   attending   appropriate counseling and taking prescribed medication to address his Social Anxiety. The AJ also found that there was substantial evidence in the record that demonstrates the Individual voluntarily reinitiated individual counseling, began group counseling, and began taking prescription medication to manage his condition in accordance with the Psychologist's recommendations. The AJ lastly found that the Individual is continuing to receive counseling and treatment for his condition, that he intends to continue doing the same, and that the Psychologist and the Individual's treating mental health counselor gave the Individual a favorable prognosis. Accordingly, the AJ concluded that the Individual should be granted access authorization. OHA Case No. PSH-21-0038 (James P.   Thompson   III).