Summary
A 46-year-old woman with a history of chronic pain was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The allegations included receiving a small amount of marijuana not prescribed to her in June 2011, and accepting a bottle of Oxycodone medication not prescribed to her in February 2011. Additionally, she answered "no" to a question about consulting a healthcare professional for an emotional or mental health condition in the last seven years, despite having received such treatment. She also misrepresented the status of a criminal case in her e-QIP, despite checking "yes" that she was currently on trial or awaiting trial.
The applicant admitted to poor judgment in giving away her Vicodin prescription and accepting unprescribed Oxycodone and marijuana. However, the judge found that her drug-related conduct was infrequent and occurred under circumstances unlikely to recur.
The decision to grant the clearance was based on several mitigating factors. The applicant provided commendable character evidence from multiple witnesses attesting to her trustworthiness and reliability. She also offered credible explanations for her actions and demonstrated a clear intent not to misuse drugs in the future.
Why the Applicant Prevailed
- The applicant demonstrated commendable character evidence from multiple witnesses attesting to her trustworthiness and reliability.
- The applicant's drug-related conduct was infrequent and occurred under circumstances unlikely to recur.
- The applicant provided credible explanations for her actions and showed intent not to misuse drugs in the future.
Conditions Referenced
- H.25(a)raisedAny Drug Use
- H.25(c)raisedIllegal Drug Possession
- E.16(a)raisedDeliberate Omission, Concealment, or Falsification
- E.16(c)raisedCredible Adverse Information
- H.26(a)rejectedBehavior Unlikely to RecurThe recency of the conduct and the applicant's age indicated she should have known her actions were illegal.
- H.26(b)appliedDemonstrated Intent Not to Abuse Drugs
- E.17(a)rejectedPrompt, Good-faith Efforts to Correct OmissionsNot applicable as there was no deliberate attempt to falsify.
- E.17(c)rejectedMinor Offense or Unlikely to RecurNot applicable due to the nature of the conduct.
- E.17(d)appliedAcknowledgment of Behavior and Counseling
Key Rule Quoted
“Use of an illegal drug or misuse of a prescription drug can raise questions about an individual’s reliability and trustworthiness, both because it may impair judgment and because it raises questions about a person’s ability or willingness to comply with laws, rules and regulations.”
Procedural Posture
- SOR issuedSep 27, 2012
- Answer filedNov 2, 2012
- Hearing heldMar 15, 2013
- Decision dateMar 20, 2013
Cite For
- Mitigating Conditions Under Guideline H for Infrequent Drug Use
- Character Evidence Supporting Trustworthiness Despite Past Drug Involvement
- Interpretation of Personal Conduct in the Context of Overall Reliability and Trustworthiness