You are here

Summary of Decisions - June 3, 2013 - June 7, 2013

June 7, 2013 - 1:31pm

Addthis

Personnel Security Hearing (10 CFR Part 710)

On June 6, 2013, a Hearing Officer determined that an individual’s security clearance should be restored. In reaching this determination, the Hearing Officer found that the individual successfully addressed the DOE’s security concerns regarding his alcohol use.  Specifically, the Hearing Officer concluded that the individual, who had been diagnosed by a DOE psychiatrist with Alcohol Abuse, achieved adequate evidence of rehabilitation and reformation.  In addition, the Hearing Officer found that the individual had satisfied the following mitigating factors as outlined in the Adjudicative Guidelines: (1) the individual acknowledged his alcohol abuse, provided evidence of actions taken to overcome his problem and established a pattern or responsible use; (2) the individual successfully completed an Intensive Outpatient Program with required aftercare, demonstrated a clear and established pattern of abstinence in accordance with his treatment recommendations, and received a favorable prognosis by a duly qualified medical professional; and (3) the DOE psychiatrist opined that the individual is in remission, and has a low probability of recurrence or exacerbation.  OHA Case No. PSH-13-0008 (Kimberly Jenkins-Chapman, H.O.)

On June 5, 2013, an OHA Hearing Officer issued a decision in which he determined that the DOE should not restore an individual’s access authorization.  As security concerns, a Local Security Office cited the individual’s:  (1) failure to pay federal and state income taxes owed for 2008-2010; (2) admission that he owed $30,000 in federal income taxes; (3) records indicating that he owed over $6,000 in state income taxes; (4) admission that he did not file his 2011 federal or state income taxes returns; and (5) admission that he did not file his 2009 state income tax returns.  During and subsequent to the hearing, the individual presented evidence that he was currently up to date on his federal and state tax filings, and had made arrangements to make monthly payments toward his federal tax liability.  However, the Hearing Officer found that, given that he had brought his filings up to date only recently, and had not fully accepted responsibility for his past actions, the concerns raised by the individual’s failure to file tax returns had not been resolved.  As for the individual’s financial irresponsibility in accumulating delinquent tax debt, the Hearing Officer found that the individual had not yet fully established a pattern of financial responsibility, and that there were reasons to doubt that he would be able to sustain such a pattern in the long term.   OHA Case No. PSH-13-0027 (Steven J. Goering, H.O.)

On June 6, 2013, a Hearing Officer determined that an individual’s security clearance should not be restored.  In reaching this determination, the Hearing Officer found that the individual had not successfully addressed the DOE’s security concerns regarding his excessive use of alcohol, and related behavior.  Specifically, the Hearing Officer found that the individual did not have a sufficient period of abstinence and had not remained in treatment long enough to address the DOE’s security concerns related to his use of alcohol and, consequently, valid concerns also  remained regarding the individual’s honesty and his ability to conform his behavior to legal requirements. OHA Case No. PSH-13-0021 (Robert B. Palmer, H.O.)
 

Addthis