Personnel Security Decision  (10 CFR Part 710)

On January 30, 2015, an OHA Administrative Judge issued a decision in which he concluded that an individual’s security clearance should be restored.  The individual voluntarily entered a 30-day residential program for alcohol treatment following an “intervention” coordinated by his wife. Upon his release from the treatment facility, the LSO referred the individual to a DOE consulting psychologist for evaluation. The DOE psychologist diagnosed the individual as alcohol dependent and opined that he would need to 12 months of abstinence to evidence adequate reformation or rehabilitation.  Thereafter, the LSO suspended the individual’s access authorization due to security concerns arising under Criteria H and J. As of the date of the hearing, the individual had ten months of abstinence from alcohol, had attended Alcohol Anonymous (AA) meetings daily for nine months, and had had daily communication with his AA sponsor and weekly sessions with his treatment counselor for eight months. His treatment counselor opined that the individual’s alcohol dependence was in remission, his prognosis for continued abstinence very good and risk of relapse minimal. The DOE psychologist testified following all of the other witnesses and noted the individual’s strong support network of family, friend and AA, his deepened religious experience and his altruistic behavior.  The psychologist concluded that as of the date of the hearing the individual had adequately evidence reformation and rehabilitation of his alcohol dependence.  On this basis, the Administrative Judge found that the individual had resolved the security concerns arising under Criteria H and J.  OHA Case No. PSH-14-0095 (Wade M. Boswell)

On January 29, 2013, an OHA Administrative Judge issued a decision in which he determined that an individual’s DOE access authorization should be granted.  The LSO had alleged that the individual had 12 outstanding collection accounts totaling $3,815, had two properties foreclosed upon, had a negative cash flow, and had not contacted any of her creditors regarding her 12 delinquent accounts.  The Administrative Judge, however, found that the individual’s financial problems resulted from circumstances beyond her control.  During her hearing testimony, the individual explained that her financial problems resulted from the loss of her high-paying construction job (and resulting ten months of unemployment), unexpected medical expenses, medical expenses resulting from care of her child with special needs, and a theft of her credit card.  All but one of her collection accounts were medical debt.  The remaining collection account resulted from a stolen credit card.  The individual was further able to show that she is taking steps to resolve her financial issues by achieving a positive monthly cash flow and resolving her outstanding credit accounts.  Accordingly, the Administrative Judge found that the individual had resolved the security concerns relating to her finances.  OHA Case No. PSH-14-0099 (Steven L. Fine)