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PSH-12-0063 - In the Matter of Personnel Security Hearing

On October 26, 2012, an OHA Hearing Officer issued a decision in which he concluded that an individual’s security clearance should not be restored.  A Local Security Office (LSO) suspended the individual’s security clearance because (1) a DOE consultant psychiatrist diagnosed the individual as suffering from Alcohol Abuse/Dependence, (2) the individual had been arrested four times on alcohol-related charges and had received substance abuse treatment, and (3) the individual had a history of criminal behavior, of financial irresponsibility, and of failing to keep commitments made to the LSO.  This derogatory information raised security concerns under Criteria H, J, and L.  After conducting a hearing and evaluating the documentary and testimonial evidence, the Hearing Officer determined that the LSO had not supported its allegations under Criterion H.  He also found that the individual had presented sufficient evidence to resolve the security concerns raised under Criterion J, specifically that he had achieved more than five years of abstinence by the date of the hearing.  The Hearing Officer concluded, however, that the individual did not mitigate the security concerns arising under Criterion L regarding his current judgment, reliability, and trustworthiness.  Specifically, he found that the individual could not be relied upon to be truthful at all times or to keep commitments upon which the LSO had relied in continuing his security clearance.  Finally, he found that the individual’s relatively short period of recent financial responsibility did not sufficiently mitigate the concerns raised by his 20-year history of financial irresponsibility.  OHA Case No. PSH-12-0063 

William Schwartz - Hearing Officer