Summary
A 24-year-old procurement administrative assistant was granted a security clearance despite concerns under Guideline H (Drug Involvement) and Guideline J (Criminal Conduct). The Statement of Reasons detailed her abuse of prescription pain medications, including Percocet and Tramadol, from 1999 to 2004, stemming from chronic medical issues. Additionally, she attempted to fraudulently procure controlled substances from a pharmacy, leading to two years of probation for drug-related criminal conduct.
However, the applicant demonstrated successful rehabilitation and significant behavioral changes. She has not used prescription pain medications since early 2005 and has learned to manage her pain without them. Her compliance with probation requirements and her honesty and cooperation with both her employer and probation officer were noted as positive factors.
The judge concluded that the applicant had mitigated the security concerns through the 'whole person concept,' leading to the granting of her security clearance.
Why the applicant prevailed
- The applicant demonstrated successful rehabilitation from her prescription drug abuse.
- She has not used prescription pain medications since early 2005 and has learned to manage her pain without them.
- The applicant's honesty and cooperation with her employer and probation officer were noted positively.
Conditions referenced
- E2.A10.1.2.1raisedAllegations or Admissions of Criminal Conduct, Regardless of Whether the Person Was Formally Charged
- E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses
- E2.A8.1.2.1raisedAny Drug Abuse
- E2.A10.1.3.2appliedThe Crime Was an Isolated Incident
- E2.A10.1.3.6appliedThere Is Clear Evidence of Successful Rehabilitation
- E2.A8.1.3.1appliedThe Drug Involvement Was Not Recent
- E2.A8.1.3.3appliedA Demonstrated Intent Not to Abuse Any Drugs in the Future
- E2.A8.1.3.4appliedSatisfactory Completion of a Prescribed Drug Treatment Program, Including Rehabilitation and Aftercare Requirements, Without Recurrence of Abuse, and a Favorable Prognosis by a Credentialed Medical Professional
Key rule quoted
“The ‘whole person’ concept–not the potentially disqualifying or mitigating conditions–is the heart of the analysis of whether an applicant is eligible for a security clearance.”
Procedural posture
- SOR issuedAug 8, 2006
- Answer filedSep 21, 2006
- Hearing heldFeb 14, 2007Record kept open until 02/23/2007 for additional documents.
- Decision dateJun 22, 2007
Cite for
- Successful Rehabilitation Under Guideline H
- Application of the 'whole Person Concept' in Security Clearance Decisions
- Mitigation of Drug Involvement and Criminal Conduct Concerns