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PSH-11-0009 - In the Matter of Personnel Security Hearing

On March 1, 2012 a Hearing Officer issued a Decision in which he determined that an individual’s access authorization should be restored. In reaching this determination, the Hearing Officer found that the individual had not resolved security concerns under Criteria H and J associated with a the Individual’s admission of alcohol misuse, a recent 2011 arrest of Driving While Intoxicated, and a diagnosis by a DOE-contractor psychologist (DOE Psychologist) of Alcohol Related Disorder. At the hearing, the Individual produced testimony indicating that he had completed an Intensive Outpatient Program, participated in an Alcoholics Anonymous program, and had been abstinent from alcohol for approximately seven months. Additionally, the Individual offered testimony from his treating psychologist indicating that the Individual was now rehabilitated from his alcohol problem. The DOE Psychologist testified that despite the Individual current efforts at rehabilitation, the Individual needed an additional period of abstinence and additional time in his AA program. In making his decision finding that the Criteria H and J concerns had not been resolved, the Hearing Officer noted the Individual’s lack of conviction that he had an alcohol problem and found the DOE Psychologist’s testimony more convincing on the issue of rehabilitation. The Hearing Officer also found that the Individual did not resolve security concerns under Criterion L concerning the Individual’s inaccurate accounts regarding his alcohol consumption. The Hearing Officer found that, because the Criterion L derogatory information and associated concerns were closely linked to the unresolved alcohol misuse detailed in Criteria H and J, the Criterion L concerns had also not been resolved. Given these finding, the Hearing Officer determined that the individual’s security clearance should not be restored.

Richard Cronin - Hearing Officer