Personnel Security (10 CFR Part 710)

On January 25, 2016, an Administrative Judge issued a decision in which he determined that an individual's access authorization should be restored.  The individual received a citation for an alcohol-related offense, and the local security office (LSO) referred him to a DOE consultant psychologist for an agency sponsored evaluation. The DOE psychologist concluded that the individual was a user of alcohol habitually to excess, and that this was a mental condition that was causing, or could cause, a significant defect in his judgment or reliability. The LSO suspended the individual’s access authorization, and he requested a hearing. At the hearing, the individual demonstrated that he had abstained from alcohol usage for approximately four and a half months, and had undergone a substantial amount of therapy. The Administrative Judge found that the individual had adequately addressed the DOE’s concerns regarding his alcohol usage. He based this conclusion on the positive prognoses offered at the hearing by the DOE psychologist, and by the individual’s therapist and Employee Assistance Program Counselor. The Administrative Judge therefore concluded that the individual’s access authorization should be restored.  OHA Case No. PSH-15-0085 (Robert B. Palmer)

On January 29, 2016, an OHA Administrative Judge issued a decision in which he determined that an individual’s DOE access authorization should be restored.  The individual had been diagnosed by a DOE psychologist with “Post Traumatic Stress Disorder” (PTSD), a condition that causes or may cause a defect in his judgment or reliability.  At the hearing, the individual’s attorney presented convincing evidence showing that the individual’s treatment for his PTSD has been sufficiently effective to resolve the concern.  The individual submitted psychological evaluations conducted by his expert psychologist and treating psychiatrist which supported this finding.  In addition, the individual’s expert psychologist, treating therapist, and job coach testified on the individual’s behalf at the hearing, and uniformly opined that the individual’s treatment for his PTSD has dispelled the concern that the condition causes or may cause a defect in his judgment or reliability going forward.  The DOE psychologist observed the testimony of the individual and his witnesses and ultimately joined in the conclusion that the individual’s treatment for his PTSD has been sufficiently effective.  Therefore, the Administrative Judge found that the individual had resolved the DOE’s security concerns.  OHA Case No. PSH-15-0083 (Steven L. Fine)

On January 28, 2016, an OHA Administrative Judge issued a decision in which he concluded that an individual’s security clearance should be restored.  The individual, who had had an extremely stressful year (including multiple deaths in her family, intense family legal and financial conflicts, and her mother in last stages of life), combined a prescription medication with alcohol and emailed a friend describing her actions and stating that she no longer wanted to live.  When her friend opened the email two days later, she requested local police to conduct a welfare check at the individual’s residence.  Upon receiving this information, the local security office conducted a security interview and referred the individual to a DOE consulting psychologist for evaluation.  The DOE psychologist opined that the individual suffered from Alcohol Related Disorder NOS and had personality characteristics of a Personality Disorder, each of which causes, or may cause, a significant defect in her judgment or reliability.  Subsequent to the incident, the individual conformed her alcohol consumption to a level recommended by her treating psychiatrist and completed one year of intensive Dialectical Behavior Therapy. As of the date of the hearing, both the DOE consulting psychologist and the individual’s treating psychiatrist were in agreement that (1) the individual no longer warranted a diagnosis of Alcohol Related Disorder NOS, and (2) the individual had no other illness or mental condition which causes, or may cause, a significant defect in judgment or reliability.  On this basis, the Administrative Judge found that the individual had resolved the security concerns arising under Criterion H.  OHA Case No. PSH-15-0090 (Wade M. Boswell)