Summary of Decisions - September 06, 2021 - September 10, 2021

Personnel Security Hearing (PSH)

Guideline G (Alcohol Consumption); Guideline J (Criminal Conduct)

On September 8, 2021, an Administrative Judge determined that an 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 her to hold a DOE security clearance. In April 2019, the Individual was arrested and charged with Driving While Intoxicated (DWI) and was ordered to remain on probation until February 2021. The Individual self-reported the incident, and in response, the Local Security Office (LSO) provided the Individual with a Letter of Interrogatory, which she completed in May 2019. In January 2020, the Individual was again arrested and charged with DWI. She later underwent a psychological evaluation by a DOE consultant psychologist (Psychologist) in September 2020, and the Psychologist diagnosed her with Alcohol Use Disorder, Moderate, without adequate evidence of rehabilitation or reformation. At the hearing, the Individual testified that the DWIs occurred shortly after she underwent a weight loss surgery that altered her body's ability to process alcohol. Following the second DWI, she immediately began attending AA on a frequent, meaningful, and regular basis. At the time of the hearing, the Individual testified that she had been abstinent from alcohol for   19 months and provided eight Phosphatidylethanol PEth tests, spanning a one-year period, to support her testimony. The Individual testified regarding her support system and revised coping mechanisms. After hearing the Individual's testimony, the Psychologist opined that the Individual had demonstrated adequate evidence of rehabilitation and reformation from the Alcohol Use Disorder, Moderate, and concluded that the Individual has a "good" prognosis with a low risk of relapse. After considering the evidence in the record and testimony presented at the hearing, the Administrative Judge determined that the Individual had resolved the security concerns associated with Guideline G and Guideline J. Accordingly, she concluded that the Individual's access authorization should be restored. (Case No. PSH-21-0059, Katie Quintana)

Access Authorization Not Granted; Guideline G (Alcohol Consumption); Guideline I (Psychological Conditions)

On September 9, 2021, an Administrative Judge (AJ) determined that an Individual should not be granted access authorization under 10 C.F.R. Part 710. The Individual is an employee of a DOE contractor for a position that requires the possession of a security clearance. As part of the application for access authorization, the DOE Local Security Office (LSO) requested that the Individual be evaluated by a DOE-consultant psychiatrist ("Psychiatrist") who provided the LSO with a report that included opinions and conclusions regarding the Individual's alcohol consumption and psychological profile. Subsequently, the LSO informed the Individual that it possessed the following information that created substantial doubt regarding his eligibility to possess a security clearance under Guideline G and Guideline I of the Adjudicative Guidelines: (1) the Individual met the Diagnostic and Statistical Manual of Mental Disorders, 5th Edition, (DSM-5) criteria for Alcohol Use Disorder (AUD), Mild, in early remission, and he binge consumed alcohol to the point of impaired judgment; and (2) the Individual met the DSM-5 criteria for Other Psychotic Disorder, Auditory Hallucinations. At the hearing, the Individual did not dispute the diagnoses, but rather provided exhibits and testimony to resolve the security concerns. At the conclusion of the hearing, the AJ determined that the DOE appropriately invoked Guidelines G and I, and the Individual failed to resolve the security concerns for the following reasons. Regarding Guideline G, the AJ did not find that the Individual had taken sufficient actions to overcome his problem, nor had he established a pattern of abstinence in accordance with treatment recommendations. In reaching this conclusion, the AJ relied upon the Psychiatrist's failure to give the Individual a positive prognosis based on the Individual's relatively short AA participation without the benefit of a sponsor. Regarding Guideline I, the AJ found that the Individual's condition is not readily controllable with treatment and neither the Individual's treatment provider nor the Psychiatrist provided a positive prognosis for the Individual's psychological condition. Accordingly, the AJ concluded that the Individual should not be granted access authorization. (Case No. PSH-21-0054, James P. Thompson III)

Clearance Restored, Guideline F

On September 10, 2021, an OHA Administrative Judge (AJ) issued a decision in which she determined that an Individual's DOE access authorization should be restored. To support the Guideline F security concerns, the LSO relied upon the fact that the Individual had collection accounts totaling over $50,000 and had failed to file and pay his federal and state income taxes for 2015, 2016, 2017, and 2018. The Individual presented evidence that the debt was due to his divorce. Further, his failure to file his taxes was due to his belief that he did need to file because he expected to receive a refund. The AJ found the Individual to be credible and sincere in his testimony. The Individual presented evidence that he had filed and paid all his taxes, both federal and state. Further, he presented evidence that he had begun a payment plan for both debts which were listed by the LSO. Therefore, the AJ determined that the Individual's security clearance should be restored. OHA Case No. PSH 20-0067 (Janet R. H. Fishman).