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PSH-14-0030 - In the Matter of Personnel Security Hearing

On August 1, 2014, an Administrative Judge issued a Decision in which he determined that an individual’s access authorization should be restored. In reaching this determination, the Administrative Judge found that the individual had resolved security concerns under Criteria F, J, H, and L regarding the Individual’s treatment for Alcohol Dependency and a falsification concerning illegal drug use contained in a 2011 Questionnaire for National Security Position (QNSP). The Individual presented evidence regarding her treatment at an inpatient treatment facility and her participation in treatment programs after leaving the facility. Both the Individual’s therapist and the DOE Psychiatrist who had diagnosed her Alcohol Dependence found that the Individual had demonstrated adequate evidence of rehabilitation from her Alcohol Dependence. With regard to the Individual’s false answer on the 2011 QNSP that she had not used marijuana in the past seven years, the Individual admitted that she had smoked marijuana during the period 2004 to 2008. The Hearing Officer found that the Individual’s marijuana use had occurred a number of years ago when the Individual was intoxicated. Further, there was no additional evidence that in the period after 2008 the Individual had used marijuana or had failed to comply with rules or regulations. Consequently, the Administrative Judge found that the individual had mitigated the Criteria F, J, H and L security concerns and that her security clearance should be restored.

Richard Cronin - Administrative Judge