Decisions were issued on: - Personnel Security
Office of Hearings and Appeals
November 5, 2021
minute read time
Personnel Security Hearing (PSH)
Access Authorization Not Restored; Guideline I (Psychological Conditions) clearance.
On November 5, 2021, an Administrative Judge determined that the Individual's access authorization under 10 C.F.R. Part 710 should not be restored. The Individual is employed by a Department of Energy (DOE) contractor in a position that requires him to hold a DOE security clearance. In October 2018, the Individual disclosed that he had been diagnosed by a mental health professional with Bipolar Disorder since approximately March 2018 and had been hospitalized for treatment. Subsequently, he underwent a psychological evaluation by a DOE consultant psychologist (Psychologist) December 2019. The Psychologist diagnosed the Individual with Bipolar I Disorder and concluded his illness impairs his judgment, stability, reliability, and trustworthiness.
At the hearing, the Individual testified that he was previously receiving psychotherapy and medication management from a psychiatric nurse practitioner until March 2021 when she was no longer in his insurance network. He submitted a letter from his former treatment provider asserting that he is stable and attesting to his compliance with treatment. However, the Individual admitted that since restarting psychotherapy with new mental health providers in June or July 2021, he has only attended three therapy sessions and was not complying with his treatment plan of attending therapy every other week. The Individual testified that due to his wife's serious mental health problems, he has had to cancel multiple therapy appointments, and he admitted that his wife's psychological problems impair his ability to manage his own mental health condition and comply with his mental health treatment. He also admitted that he has had some breakthrough manic and depressive symptoms since his DOE psychological evaluation. After reviewing the evidence and observing all the testimony at the hearing, the Psychologist testified that the Individual's Bipolar I Disorder continues to impair his judgment, stability, reliability, or trustworthiness. She opined that he has not demonstrated that he has made any improvement since the time of her evaluation, and currently has not shown behaviors that demonstrate that he has a low probability of recurrence of impairment due to his Bipolar Disorder. The Administrative Judge determined that the Individual had not resolved the security concerns associated with Guideline I. Accordingly, she concluded that the Individual's access authorization should not be restored. (OHA Case No. PSH-21-0092, Kimberly Jenkins-Chapman)
Guideline E (Personal Conduct); Guideline J (Criminal Conduct)
On November 5, 2021, 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 that requires him to hold a DOE security clearance. In June 2000, agents of the Federal Bureau of Investigation (FBI) confronted the Individual at his place of employment, a DOE contractor facility, regarding the use of his work computer to view "sexually explicit materials" involving minors. The Individual had been questioned on four occasions since being confronted by the FBI and had provided discrepant answers as to whether he had viewed child pornography. At the hearing, the Individual testified that he had never viewed pornography involving minors and attempted to explain the discrepancies in his previous interviews and statements. After considering the evidence in the record and testimony presented at the hearing, the Administrative Judge determined that the Individual had not resolved the security concerns associated with Guideline E or Guideline J. Accordingly, she concluded that the Individual's access authorization should not be restored . (Case No. PSH-21-0088, Katie Quintana)