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PSH-13-0128 - In the Matter of Personnel Security

On March 24, 2014, an Administrative Judge issued a decision in which he concluded that an individual’s authorization access should be restored.  In June 2013, a DOE contractor employee tested positive for alcohol on a random breath alcohol test (BAT), which was administered three hours after the employee had arrived for his scheduled shift. During the prior years, the individual had been drinking 12-18 beers per week and becoming impaired from alcohol consumption on an average of twice per month. A DOE consulting psychologist evaluated the individual and concluded that the individual was a user of alcohol habitually to excess, without evidence of adequate reformation or rehabilitation, and that such alcohol use could cause a significant problem in his judgment or reliability. The individual has abstained from alcohol consumption since his positive BAT (i.e., eight months), has completed a 60-hour intensive outpatient program for alcohol treatment and was continuing in weekly aftercare meetings through his IOP treatment center. Further, the individual testified that he could give DOE a “100% assurance” that he would not consume alcohol in the future. The DOE consulting psychologist testified that these steps exceeded his recommendations to evidence adequate reformation and rehabilitation with respect to the individual’s use of alcohol habitually to excess and that, as of the hearing, the individual no longer had an illness or mental condition that could cause a significant defect in his judgment or reliability. In light of the foregoing, the Administrative Judge found that the individual had mitigated the security concerns arising from his prior alcohol use and that his security clearance should be restored.

Wade Boswell - Administrative Judge