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PSH-13-0124 - In the Matter of Personnel Security

On April 23, 2014, an OHA Administrative Judge issued a decision in which he concluded that an individual’s security clearance should not be restored.  The individual was originally granted access authorization following a favorable administrative review decision in 2008. At that time the individual acknowledged his problems with alcohol and testified that he planned to permanently abstain from alcohol consumption. He resumed drinking in 2010 and, in May 2013, was arrested for driving while intoxicated following his having hit another car while he was driving the wrong direction on an interstate highway (BAC of .228). The May 2013 arrest was his fourth alcohol-related arrest over a 14 year period.  A DOE consulting psychologist evaluated the individual and concluded that he had suffered from alcohol abuse for at least the last several years, which had caused, and could continue to cause, significant defects in his reliability and judgment. The LSO suspended the individual’s access authorization citing Criteria H, J and L. Although the individual completed an intensive outpatient program on alcohol use prior to the hearing (his third alcohol program since 2002), he relapsed following the hearing and was arrested approximately 12 hours following the hearing for DWI.  Within the individual’s five arrests, the Administrative Judge noted a history of (1) belligerence towards law enforcement officers (for example, during his arrest following the hearing, his non-compliance with directions from the police at the arrest scene resulting in the police resorting to use of a Taser shock to compel his compliance) and (2) inaccurately reporting details of his arrests to the LSO (for example, he reported his arrest following the hearing as his having been pulled over by police after leaving a bar while five separate police reports describe that the individual had passed out behind his steering wheel with his car running and in gear while in a drive-thru window at a fast food restaurant). Under these circumstances, the Administrative Judge found no mitigated of the security concerns arising under Criteria H, J or L.

Wade M. Boswell - Administrative Judge