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(DATE: May 2, 2006)Tj
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(In Re:)Tj
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(------------------)Tj
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(Applicant for Security Clearance)Tj
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(FOR GOVERNMENT)Tj
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(Rita C. O'Brien, Esq., Department Counsel)Tj
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(Gary L. Rigney, Esq.)Tj
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(The Defense Office of Hearings and Appeals \(DOHA\) declined to grant Ap\
plicant a security clearance. )Tj
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(On November)Tj
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(23, 2004, DOHA issued a statement of )Tj
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Directive )Tj
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(\(Directive\). )Tj
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(Applicant requested a hearing. )Tj
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(Ricciardello denied Applicant's request for a security clearance. Applic\
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(E3.1.28 and E3.1.30.)Tj
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(Applicant raised the following issue on appeal: whether the Administrati\
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(conviction and imprisonment were )Tj
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(covered by 10 U.S. Code \247986 in spite of the pardon Applicant receive\
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(Applicant is entitled to a recommendation for a waiver under 10 U.S. )Tj
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(Code \247986 .)Tj
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(The Administrative Judge made the following pertinent findings of fact: \
Applicant illegally used drugs from 1979 to)Tj
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(1988. )Tj
(Applicant also )Tj
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(purchased and sold )Tj
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(In 1988 he was arrested at the age of 23 for selling drugs to an)Tj
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(undercover agent. )Tj
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(Applicant was charged with three felony counts of violating the state's \
)Tj
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(Uniform Controlled)Tj
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(Substances Act. )Tj
(On May 21, 1990 Applicant pled guilty to and was adjudged guilty of one \
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(The )Tj
(other offenses were )Tj
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(nolle prosequi)Tj
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(. )Tj
(Applicant was sentenced to three years in the state)Tj
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(penitentiary and fined $50,000. )Tj
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(Applicant was incarcerated from July )Tj
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(1990 to May 1993. )Tj
(Applicant was a model)Tj
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(prisoner and took advantage of all the rehabilitative and educational pr\
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(Applicant readily)Tj
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(admits that the best thing that ever happened to him was being arrested.\
)Tj
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(It turned his life around. )Tj
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(Applicant is a welder)Tj
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(by trade. )Tj
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(He assists local high school )Tj
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(teachers and serves on advisory committees at the school. )Tj
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(He leads a healthy life)Tj
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(style, has not used illegal drugs since 1988 and no longer associates wi\
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(people from his past. )Tj
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(His current associates)Tj
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(know of his past but he has earned their trust. )Tj
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(Applicant was granted a pardon by the state )Tj
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(with restoration of his )Tj
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(civil)Tj
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(rights and political rights on April 23, 2003.)Tj
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(The Administrative Judge concluded that Applicant was covered by the pro\
visions 10 USC \247986 which prohibit the)Tj
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(Department Defense from granting security )Tj
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(clearances to certain categories of persons, including persons who were)Tj
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(convicted in a court of the United States of a crime, were sentenced to \
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(a term exceeding one year and)Tj
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(who were incarcerated as a result of that sentence for not less than one\
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(security )Tj
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(concerns regarding his criminal conduct. )Tj
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(She referenced an Appeal Board decision, ISCR Case No. 03-05804 at)Tj
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