Summary of Decisions - September 22, 2014 – September 26, 201414

Personnel Security (10 CFR Part 710)

On September 23, 2014, an OHA Administrative Judge issued a decision finding that an individual’s security clearance should be restored after determining that the documentary and testimonial evidence showed that the individual had demonstrated adequate evidence of rehabilitation from his alcohol abuse. Specifically, the Administrative Judge found that the individual had acknowledged her alcohol problem, had provided evidence of her actions taken to address her alcohol-related problems, including successful completion of a rehabilitation program, and had demonstrated a clear pattern of responsible use in accordance with her treatment recommendations. In addition, the Administrative Judge pointed to the DOE psychologist’s testimony that the individual’s prognosis was very good, and that she had a low probability of recurrence.  OHA Case No. PSH-14-0043 (Kimberly Jenkins-Chapman)

On September 26, 2014, an Administrative Judge issued a decision in which he concluded that an individual’s security clearance should not be restored.  During a periodic security reinvestigation, information was received with respect to omissions from the individual’s QNSP (with respect to a workplace reprimand, misuse of prescription drugs, and existing collection accounts), the individual’s misuse of prescription drugs prescribed for both him and his wife; and financial irresponsibility (tax and financial delinquencies).  Following several knee surgeries, the individual began to take his own prescription opioid in greater quantities than prescribed and would occasionally take the same prescription opioid belonging to his wife who had a prescription for the same drug.  He has not received any medications from his wife since 2010 and had discontinued all prescription opioids approximately 15 months prior to the hearing.  A DOE consulting psychiatrist evaluated the individual seven months prior to the hearing and diagnosed the individual as Opioid Dependent in Early Full Remission, nearing the point of Full Sustained Remission, who had evidence adequate reformation.  On this basis, the Administrative Judge held the individual had adequately mitigated the Criterion K and Criterion L security concerns arising from his opioid use. With respect to the omissions from his QNSP, the Administrative Judge determined that the omissions lacked the deliberativeness required by Criterion F, and were further mitigated by credible testimony that a contractor personnel security specialist advised the individual that he could omit certain details relating to his indebtedness and discuss the delinquent accounts later, if called for an interview.  The Administrative Judge concluded, however, that the individual had not sufficiently mitigated the Criterion L security concerns relating to his pattern of financial irresponsibility.  As of the date of the hearing, the individual’s outstanding financial and tax matters included: unfiled federal and state income taxes for 2012 and 2013, unreimbursed $16,000 federal tax refund which had been improperly claimed, two cars surrendered to lenders within an 11-month period, and 12 collection accounts. The Administrative Judge determined that the individual’s financial irresponsibility was not excused by his explanation that his pending divorce proceedings, when completed, would allocate responsibility for these financial liabilities between him and his wife.  OHA Case No. PSH-14-0067 (Wade M. Boswell)