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PSH-12-0066 - In the Matter of Personnel Security Hearing

A Hearing Officer issued a Decision in which he determined that an individual’s access authorization should not 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 recent Driving Under the Influence arrest and a determination from a DOE-contractor Psychologist that the Individual suffered from Alcohol-Related Disorder, Not Otherwise Specified. Additionally, while finding that the Individual had resolved Criterion L concerns relating to inaccurate answers provided in a background investigation, a Questionnaire for National Security Positions, and a personnel security interview, the Hearing Officer found that the Individual had not resolved Criterion L concerns related to the Individual’s alcohol disorder. At the hearing, the Individual presented testimonial evidence that she had not consumed alcohol in the nine months prior to the hearing and that she had not meant to deceive the local security office with her inaccurate answers. She also presented testimony from her spouse confirming the length of the Individual’s abstinence. However, the DOE Psychologist, after listening to the testimony at the hearing, found that the Individual, in the absence of participation in a treatment or educational program, had not demonstrated a sufficient period of abstinence from alcohol to provide a reasonable assurance that she was rehabilitated from her alcohol disorder. Given the evidence produced at the hearing, the Hearing Officer found that the Individual had failed to sufficiently resolve the Criteria H, J, and L concerns and that her security clearance should not be restored.