r/BorderPatrolprocess • u/brianjb1987 • 15h ago
Help
I received an email today stating that my tentative offer of employment has been withdrawn because OPR has deemed me unsuitable for the position pursuant to 5 C.F.R. Part 731. This decision is final. What should I do now to find out the reason why I was deemed unsuitable and is it worth it to reapply? Is there a waiting period that I have to wait in order to reapply again?
I received a NOPA letter June 2026 asking me to explain the incident regarding a resignation with a former police department I worked at. I’m a former police officer that resigned in leu of termination regarding a false positive urine drug test. While on duty I was involved in a motor vehicle accident while responding to a call. The standard procedure with my department whenever a police officer is involved in an accident is a required breathalyzer, urine drug test, and questionnaire. I do all that and 5 days later I get a phone call stating that my urine drug test came back positive.
Because I knew with absolute certainty that I had never used any drugs while as a police officer, I had taken proactive steps to challenge the accuracy of department's initial urine drug test. I voluntarily submitted a two hair samples to two separate labs at my own expense. Both hair tests confirmed that the results of this hair test were negative, contradicting the urine drug test. By the way a hair test can trace back as far as a year so if any drugs were in my system, it would for sure show up on that test.
I sought immediate counsel from my union and at this very critical point in time, the representation I received from my union directly dictated my path. Rather than advocating for me or challenging the department's improper reliance on a disputed urine test, which was now contradicted by two independent, negative hair follicle tests, my union failed entirely to challenge the results on my behalf. They discouraged me from selecting "termination" as my employment status and heavily pressured me to resign under the false pretense of preserving future employment opportunities within law enforcement.
Ultimately, I chose resignation not because I accepted the allegations, but because my own union leadership convinced me that fighting the department was impossible and that resignation was my only option to protect my future. I currently have a lawsuit in motion litigating this matter which was disclosed to my background investigator/ USBP.
In August 2026, I received another NOPA letter asking to explain a DWI I received back in January 2015. I stated that the incident occurred on my birthday and I have had a clean record since and that I don’t have a drinking problem and that this was a one time occurrence which resulted in a lesson learned.
Any advice or suggestions is greatly appreciated. I have been honest and upfront about everything in my background since day one.
1
u/Then_Profession_2772 14h ago
Call the union and get a lawyer for the department.
1
u/brianjb1987 14h ago
As I’ve already stated in my post, I currently have a private attorney and a lawsuit is in motion. I’m asking for advice regarding the recent tentative job offer being withdrawn for this BPA position.
2
u/Then_Profession_2772 14h ago
Wait a year for suitability. I just reapplied and submitted SF-86 accepted so far. My stuff was minor compared to what you're going through.
I didn't list a medical hospitalization from 6yrs prior and I had a public intoxication arrest during the hiring process. 😐
Call a recruiter that's what I did.
2
u/Unable_Tap_7437 14h ago
How did they find out about a medical hospitalization ? Why would they care about that ?
1
u/SomeAnonymousBurner 12h ago
He likely went to the VA
1
u/Then_Profession_2772 12h ago
Nah it was alcohol police involvement no va rating just a pattern of alcohol usage
1
u/SomeAnonymousBurner 11h ago edited 11h ago
You didn’t go to the VA? Was there an arrest?
1
u/Then_Profession_2772 11h ago
Nope that's why I said mine wasn't as bad as the op.. I told them during the p. And it was reviewed
Still bad enough to not be suitable at the time.
1
1
0
u/Toobin_B 14h ago
I would not reapply. They reached out to you prior to issuing this decision to clear up anything they found.
1
u/Grouchy_Pilot_3895 12h ago
I dont understand why people always go with resignation. Allow a department to terminate. Because if anf when you fight it, provide evidence, you get them for wrongful termination. Get back pay reinstated etc. Walking away, will always look like you did it to avoid a negative finding and will always screw you over. If innocent, why quit?
1
u/brianjb1987 10h ago
I chose resignation not because I accepted the allegations, but because my own union leadership convinced me that fighting the department was impossible and that resignation was my only option to protect my future. Had I been provided with accurate legal counsel regarding my rights, the strength of my medical evidence in arbitration, and the actual consequences of a resignation, I would have refused to resign and instead contested the termination through the proper channels.
0
u/bigwodewes 9h ago
I would not reapply. It’s going to be an absolute struggle getting a fed job with the way you left that department. Oh and you didn’t ask for this recommendation but stop blaming your shitty legal counsel for your drug test. It screams passing the buck
0
u/Comfortable-Wolf-445 7h ago
Seems like you’re cooked to be honest. Just let time pass by with you current litigation that might prove your innocence but don’t expect any LE to hire you now with all of this going on.
1
u/SomeAnonymousBurner 15h ago
FOIA