Contractor Overcomes Attempt to Fake a Urinalysis to Get Security Clearance

Every military member and federal civilian in designated drug testing positions have been through countless unannounced urinalysis testing during their tenure. The boss hands you a notification letter in the morning asking you to report to the testing site to donate a sample. A recent Defense Office of Hearing and Appeals case involved a DoD contractor who had been in the Army National Guard and had tried to beat the testing by providing a fake sample. Here are the highlights of the case.

Th applicant was initially denied clearance eligibility due to personal conduct, drug involvement, and criminal conduct concerns stemming from an incident in which he was caught by the test observer with a synthetic urine bottle in his waistband during a routine urinalysis, although, he did not actually use it but had intended to. His test results came back positive for THC, and he subsequently admitted to having used THC products for 6 weeks to help reduce his stress levels after becoming a new father. He was subsequently discharged from the ANG.

The applicant voluntarily put himself through an intensive substance abuse program which he successfully completed. In filling out the SF-86 for his current contractor position, he was fully forthcoming about the incident, his drug use, and his treatment program. At his hearing he presented four character witnesses that spoke on his behalf, all were in the know about what happened, but all contended he had taken accountability for his actions and put it behind him One of the witnesses was a retired Brigadier General who had been his commander in the ANG. This spoke volumes to the presiding judge who opined that the applicant had mitigated the security concerns – clearance eligibility granted.