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 between 2002 and 2003, initially for dental pain. This addiction led her to steal these controlled substances from her employer's pharmacy.
The Statement of Reasons detailed that the applicant abused vicodin and oxycodone for approximately 16 months, took these drugs without authorization from her employer's stock, and was diagnosed with chemical dependency by a psychiatrist. She was arrested in November 2003 for theft related to taking controlled substances from her employer.
The denial was based on the recent and serious nature of her drug involvement, including the theft of controlled substances. The judge determined that the applicant did not provide sufficient evidence of successful rehabilitation or demonstrate the trustworthiness needed to mitigate the concerns arising from her drug abuse and criminal conduct. Her actions were found to create vulnerabilities to coercion and exploitation.
Why the Applicant Was Denied
- The applicant's drug involvement was recent and serious, with a history of stealing controlled substances from her employer.
- She did not demonstrate successful rehabilitation or sufficient evidence to mitigate the concerns raised by her drug abuse and criminal conduct.
- The applicant's actions created vulnerabilities to coercion and exploitation, undermining her trustworthiness.
Conditions Referenced
- E2.A8.1.2.1raisedDC 1: Any Drug Abuse of a Controlled Substance, Including Use of a Legal Drug That Deviates From Approved Medical Direction.
- E2.A8.1.2.3raisedDC 3: Diagnosis by a Credentialed Medical Professional of Drug Dependence.
- E2.A5.1.2.1raisedDC 1: Reliable, Unfavorable Information Provided by Associates, Employers, Coworkers, Neighbors, and Other Acquaintances.
- E2.A5.1.2.4raisedDC 4: Personal Conduct That Increases an Individual's Vulnerability to Coercion, Exploitation or Duress.
- E2.A5.1.2.5raisedDC 5: A Pattern of Dishonesty or Rule Violations, Including Violation of Any Written or Recorded Agreement Made Between the Individual and the Agency.
- E2.A10.1.2.1raisedDC 1: Allegations or Admissions of Criminal Conduct, Regardless of Whether the Person Was Formally Charged.
- E2.A10.1.2.2raisedDC 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, 2005
- Hearing held—Applicant requested decision on written record.
- Decision dateJul 12, 2006
Cite For
- Denial of Security Clearance Due to Recent Drug Abuse and Theft From Employer
- Insufficient Evidence of Rehabilitation in Drug Involvement Cases
- Vulnerability to Coercion Due to Personal Conduct Issues