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(DATE: February 16, 2006)Tj
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(In Re:)Tj
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(Applicant for Security Clearance)Tj
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(FOR GOVERNMENT)Tj
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(Peregrine D. Russell-Hunter, Esq., Chief Department Counsel)Tj
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(The Defense Office of Hearings and Appeals \(DOHA\) declined to grant Ap\
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(On September)Tj
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(1, 2004, DOHA issued a Statement of )Tj
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(raised under Guideline J \(Criminal Conduct\) of Department of Defense )Tj
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(\(Directive\)\). )Tj
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(A. Young)Tj
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(denied Applicant's request for a security clearance. )Tj
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(Applicant timely appealed pursuant to the Directive \266\266 E3.1.28 and\
)Tj
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(E3.1.30.)Tj
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(attempting to carry a weapon on board an aircraft in December 2001; \(b\)\
the)Tj
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(Administrative Judge erred by concluding that Applicant's criminal act w\
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11, Applicant, a retired police officer, was)Tj
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(An initial)Tj
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(conditions.)Tj
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(with prejudice. )Tj
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(On appeal, )Tj
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(Applicant claims that the Judge's misstatement of fact)Tj
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(There is no evidence in the)Tj
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(that the ultimate disposition of Applicant's case was a conviction. )Tj
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(the case indictment was vacated. )Tj
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(The Board)Tj
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