Summary
A 30-year-old licensed pharmacist was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct). The applicant developed an addiction to vicodin and oxycodone after using prescribed vicodin for dental pain. Over a 16-month period, from approximately July 2002 to November 2003, she stole these controlled substances from her employer. This conduct led to her termination and arrest in November 2003.
The Statement of Reasons detailed her abuse of vicodin and oxycodone during this period and her unauthorized taking of numerous tablets from her employer's stock. Although the applicant entered an inpatient treatment program and was subject to ongoing monitoring, the judge determined these actions did not sufficiently mitigate the trustworthiness concerns.
The denial was based on the recent and serious nature of her drug involvement, which included the theft of controlled substances from her employer. The judge found she did not demonstrate sufficient rehabilitation or a significant period of abstinence from drug use. Additionally, a psychiatrist's letter submitted as evidence was deemed inadequate and unpersuasive.
Why the Applicant Was Denied
- Applicant's drug involvement was recent and serious, involving theft of controlled substances from her employer.
- She did not demonstrate sufficient rehabilitation or a significant period of abstinence from drug use.
- The psychiatrist's letter submitted as evidence was deemed inadequate and not persuasive.
Conditions Referenced
- E2.A8.1.2.1appliedDC 1: Any Drug Abuse of a Controlled Substance, Including Use of a Legal Drug That Deviates From Approved Medical Direction.
- E2.A8.1.2.3appliedDC 3: Diagnosis by a Credentialed Medical Professional of Drug Dependence.
- E2.A5.1.2.1appliedDC 1: Reliable Unfavorable Information Provided by Associates, Employers, Coworkers, Neighbors, and Other Acquaintances.
- E2.A5.1.2.4appliedDC 4: Personal Conduct That Increases an Individual’s Vulnerability to Coercion, Exploitation or Duress.
- E2.A5.1.2.5appliedDC 5: A Pattern of Dishonesty or Rule Violations, Including Violation of Any Written or Recorded Agreement Made Between the Individual and the Agency.
- E2.A10.1.2.1appliedDC 1: Allegations or Admissions of Criminal Conduct, Regardless of Whether the Person Was Formally Charged.
- E2.A10.1.2.2appliedDC 2: A Single Serious Crime or Multiple Lesser Offenses.
Key Rule Quoted
“An applicant has the ultimate burden of demonstrating that it is clearly consistent with the national interest to grant or continue his trustworthiness determination.”
Procedural Posture
- SOR issuedOct 12, 2005
- Answer filedNov 2, 2005Applicant requested decision on written record.
- Hearing held—Case assigned on 04/20/2006.
- Decision dateMay 3, 2007Remand decision issued.
Cite For
- Denial of Eligibility Due to Recent Drug Involvement and Theft From Employer
- Insufficient Evidence of Rehabilitation and Ongoing Monitoring Requirements
- Inadequate Psychiatric Evaluation Not Meeting Legal Standards for Mitigation