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(On August 30, 2002, Applicant responded to the allegations set forth in \
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(The case was )Tj
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(Pursuant to formal)Tj
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(Applicant's )Tj
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(subparagraphs 1.f. and 2.d. of the SOR were amended to reflect Applicant\
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(received a discharge )Tj
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(diagnosis of alcohol dependence and cocaine abuse-early full remission. \
)Tj
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(The record was also held)Tj
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(give the parties time to produce evidence on the issue of)Tj
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(involvement with)Tj
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(and the record closed on January 2, 2003. )Tj
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(defense contractor \(company A\). )Tj
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(The salient facts regarding his substance)Tj
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(abuse and defense-related employment are as follows:)Tj
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(Circa 1977, when Applicant was fifteen years of age, he began to smoke m\
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(cocaine use)Tj
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(Granted in August 1987 a Confidential security clearance for his defense\
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(related work at company A, )Tj
11.385 0 Td
(Applicant continued thereafter to snort cocaine and to smoke marijuana-t\
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-11.385 -1.125 Td
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(Circa 1992, alcohol became Applicant's new substance of choice. )Tj
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(As his marijuana use declined to a few times per year)Tj
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(on special occasions and his cocaine )Tj
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(use limited to "every now and then," Applicant found himself drinking mo\
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(alcohol )Tj
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(consumption, which had been at the rate of a few beers after work )Tj
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(eighteen, became a problem. )Tj
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(to eight beers and a pint of brandy per occasion.)Tj
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( )Tj
(In September 1998, he was recalled to company A, )Tj
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(security clearance. )Tj
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(He was on the job for only three months. )Tj
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(After a couple of months of unemployment, Applicant)Tj
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(found )Tj
(work as a carpenter and later iron worker in the commercial sector.)Tj
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(After work on a Friday in October 1999, Applicant consumed four or five \
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(beers. )Tj
(At the friend's request, Applicant drove him to a local bar where the fr\
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(En route to a state park, Applicant )Tj
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(Once)Tj
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(Applicant failed a )Tj
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(\(cocaine\).)Tj
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(He was convicted of both charges and fined $600.00, ordered )Tj
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(Section 1001 of the United States Code provides in pertinent part:)Tj
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(Subparagraph 4.b.: Against the Applicant)Tj
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(DECISION)Tj
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(agent in a March 2002 interview. )Tj
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(see)Tj
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( Ex. 2\), while at his hearing he)Tj
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(marijuana. )Tj
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(\(Transcript p. 95\). )Tj
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(\(Transcript p. 62\). )Tj
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(\(Transcript p. 64\). )Tj
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-47.085 -1.125 Td
(July 1987. )Tj
(He signed and swore to the truth of a written statement in which he indi\
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(around the time I was arrested for the )Tj
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(driving while intoxicated and possession of narcotics in 1999." )Tj
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(\(Ex. 2\).)Tj
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(Applicant testified he cannot recall when he last used marijuana. )Tj
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(marijuana on New Year's Eve about three )Tj
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(years before. )Tj
(When pressed on the issue, Applicant testified he thought he)Tj
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(\(Transcript p. 122\).)Tj
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(Applicant testified he was unaware his friend had cocaine in his possess\
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(\(Transcript pp. )Tj
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(100-02\). )Tj
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(\("That also belonged to a friend of mine I was)Tj
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(Transcript pp. 82, 106-07\).)Tj
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(Applicant denies he had consumed alcohol prior to the accident. )Tj
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(Subparagraph 1.j.: Against the Applicant)Tj
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(Subparagraph 1.k.: For the Applicant)Tj
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(Guideline G: AGAINST THE APPLICANT)Tj
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40.265 0 Td
(On review of the)Tj
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(adjudicative guidelines pertinent to alcohol consumption, disqualifying \
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(incidents away from work\) and E2.A7.1.2.5. )Tj
18.079 0 Td
(\(habitual or binge consumption to the point of impairment\) are pertine\
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-18.079 -1.125 Td
(Although Applicant was diagnosed as suffering from alcohol dependence by\
treating )Tj
34.185 0 Td
(personnel at the alcohol)Tj
-34.185 -1.125 Td
(rehabilitation program, the record does not confirm those rendering the \
diagnosis were either credentialed medical)Tj
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(professionals or )Tj
(licensed clinical social workers, which is required for consideration of\
E2.A7.1.2.3. or E2.A7.1.2.4.,)Tj
T*
(respectively.)Tj
0 -2.125 TD
(To Applicant's credit, he sought admission to treatment facility B's thi\
rty-day inpatient program in early June 2001, after)Tj
0 -1.125 TD
(a month-long relapse. )Tj
8.942 0 Td
(His initial )Tj
4.222 0 Td
(objective in treatment was to understand the dynamics of addiction, its \
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18.521 0 Td
(Applicant completed all )Tj
9.858 0 Td
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-28.379 -1.125 Td
(and was discharged with a diagnosis of alcohol dependence-early remissio\
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30.796 0 Td
(Applicant has not displayed the )Tj
12.858 0 Td
(same)Tj
-43.654 -1.125 Td
(commitment to his recovery since his discharge, however, raising doubts \
as to the extent of his reform. )Tj
41.378 0 Td
(Although)Tj
-41.378 -1.125 Td
(Applicant attended AA on Sundays for )Tj
15.83 0 Td
(six months following his discharge, he was not actively involved in step\
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-15.83 -1.125 Td
(There is no evidence he obtained a sponsor in AA. )Tj
20.466 0 Td
(Advised by his counselors )Tj
(at treatment facility B that he should)Tj
-20.466 -1.125 Td
(abstain completely from alcohol, Applicant resumed drinking beer in quan\
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43.6 0 Td
(Exhibiting)Tj
-43.6 -1.125 Td
(little insight into the risk that presents, Applicant intends to continu\
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40.853 0 Td
(Unable to)Tj
-40.853 -1.125 Td
(conclude with a reasonable degree of certainty )Tj
18.852 0 Td
(that Applicant's alcohol abuse is safely behind him, adverse findings ar\
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-18.852 -1.375 Td
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3.666 0 Td
(When Applicant completed his SF )Tj
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(86 in August 2000, he falsely denied that he had used any illegal drug i\
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30.519 0 Td
(security clearance. )Tj
7.689 0 Td
(With regard to his)Tj
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T*
(cocaine while he held a Confidential security clearance for his work at \
company A from August 1987 to October 1996.)Tj
T*
(Applicant was recalled to work by the )Tj
15.467 0 Td
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-15.467 -1.125 Td
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30.212 0 Td
(during that period. )Tj
7.665 0 Td
(Nor is there any evidence)Tj
-37.877 -1.125 Td
(he has used or possessed any illegal drug since his rehire in March 2000\
. )Tj
29.354 0 Td
(Clearly, however, Applicant's use of )Tj
14.815 0 Td
(cocaine)Tj
-44.169 -1.125 Td
(and marijuana when he was working for commercial companies over the 1997\
to March 2000 time frame fell within the)Tj
T*
(seven-year scope of question )Tj
11.829 0 Td
(27 \(use of drugs in the last seven years\). )Tj
16.329 0 Td
(Furthermore, Applicant also deliberately omitted)Tj
-28.158 -1.125 Td
(from the security clearance application his arrest in February 2000 )Tj
26.823 0 Td
(for possession of marijuana. )Tj
11.525 0 Td
(The deliberate omission,)Tj
-38.349 -1.125 Td
(concealment or falsification of relevant and material facts from any per\
sonnel security questionnaire is )Tj
41.317 0 Td
(potentially)Tj
-41.317 -1.125 Td
(security disqualifying \()Tj
9.276 0 Td
(See)Tj
( E2.A5.1.2.2. under personal conduct\), as it could indicate that the in\
dividual may not)Tj
-9.276 -1.125 Td
(properly safeguard classified )Tj
11.801 0 Td
(information.)Tj
-11.801 -2.125 Td
(By certifying that his statements on his security clearance application \
were "true, complete and correct to the best of)Tj
0 -1.375 TD
([his] knowledge and belief," Applicant )Tj
15.792 0 Td
(violated Title 18, Section 1001 of the United States Code.)Tj
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( )Tj
(Under guideline J,)Tj
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(criminal conduct, the fact that Applicant has never been formally charge\
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31.738 0 Td
(that statute does not preclude its)Tj
-31.738 -1.125 Td
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38.935 0 Td
(E2.A10.1.2.1.,)Tj
-38.935 -1.125 Td
(allegations or )Tj
5.665 0 Td
(admission of criminal conduct, regardless of whether the person was form\
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22.771 0 Td
(Rehabilitation of serious criminal conduct requires a showing)Tj
-22.771 -1.125 Td
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24.378 0 Td
(Even though Applicant provided )Tj
13.331 0 Td
(details of his alcohol and)Tj
-37.709 -1.125 Td
(drug abuse, including the October 1999 cocaine possession, )Tj
24.161 0 Td
(when he was interviewed by a DSS special agent in March)Tj
-24.161 -1.125 Td
(2002, he did )Tj
(not tell the agent of his arrest in February 2000. )Tj
24.522 0 Td
(To the contrary, Applicant denied any other drug-related)Tj
-24.522 -1.125 Td
(arrests. )Tj
(Although the Government is now aware of )Tj
20.467 0 Td
(Applicant's drug use and drug-related offenses, doubts persist about)Tj
-20.467 -1.125 Td
(Applicant's candor. )Tj
7.983 0 Td
(When asked by the DSS agent about his negative responses to the )Tj
26.55 0 Td
(drug inquiries on the SF 86,)Tj
-34.533 -1.125 Td
(Applicant expressed his belief that he had answered )Tj
20.993 0 Td
(the questions on the form in the affirmative. )Tj
17.856 0 Td
(Yet, he provided me)Tj
-38.849 -1.125 Td
(with no )Tj
(evidence to corroborate his claim, despite being given the opportunity. \
)Tj
31.77 0 Td
(Applicant has an obligation to be)Tj
-31.77 -1.125 Td
(completely candid with the Government at all times, )Tj
21.244 0 Td
(and specious denials of intentional falsification only compound the)Tj
-21.244 -1.125 Td
(doubts for his reliability in this regard. )Tj
15.664 0 Td
(Subparagraphs 3.a., 3.b., 3.c., and 4.c. are concluded )Tj
21.298 0 Td
(against Applicant.)Tj
-36.962 -2.125 Td
(Applicant's criminal possessions of cocaine in October 1999 and of marij\
uana in February 2000 raise additional)Tj
0 -1.125 TD
(guideline J concerns. )Tj
8.664 0 Td
(There is no evidence )Tj
8.552 0 Td
(Applicant possessed any illegal drug for resale or distribution to other\
s. )Tj
28.827 0 Td
(In his)Tj
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32.684 0 Td
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(2000, he pleaded nolo contendere to possession of marijuana after nine g\
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-4.804 -1.125 Td
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10.024 0 Td
(his truck. )Tj
(Clearly, neither his defense-related employment nor the laws against use\
of)Tj
-10.024 -1.125 Td
(controlled dangerous substances deterred Applicant from activity which )Tj
29.046 0 Td
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13.246 0 Td
(Moreover,)Tj
-42.292 -1.125 Td
(Applicant's illegal drug use has security implications which go beyond t\
he issue of drug-related mental and/or )Tj
44.225 0 Td
(physical)Tj
-44.225 -1.125 Td
(impairment which could negatively impact his ability to safeguard classi\
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36.046 0 Td
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-36.046 -1.125 Td
(feared disclosure of his illegal )Tj
12.301 0 Td
(drug use could cost him his clearance and/or defense-related job, he fal\
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-12.301 -1.125 Td
(drug use when he completed his SF 86 in August 2000. )Tj
22.387 0 Td
(Applicant may )Tj
6.165 0 Td
(not have been aware of the Department of)Tj
-28.552 -1.125 Td
(Defense's zero tolerance policy regarding illicit drug use, but he recog\
nized his employer and the Government would)Tj
0 -1.125 TD
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20.635 0 Td
(Consideration is warranted of disqualifying conditions E2.A8.1.2.1.,)Tj
-20.635 -1.125 Td
(any drug abuse, and E2.A8.1.2.2., )Tj
(illegal drug possession, including purchase, under guideline H.)Tj
0 -2.125 TD
(The Directive provides for mitigation of illegal drug involvement if the\
drug use was not recent \(E2.A8.1.3.1.\), it was)Tj
0 -1.125 TD
(isolated or aberrational \(E2.A8.1.3.2.\), )Tj
15.717 0 Td
(there is demonstrated intent not to abuse any drugs in the future \(E2.A\
8.1.3.3.\),)Tj
-15.717 -1.125 Td
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30.907 0 Td
(rehabilitation and aftercare requirements,)Tj
-30.907 -1.125 Td
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44.067 0 Td
(Strictly )Tj
3.194 0 Td
(in)Tj
-47.262 -1.125 Td
(terms of the passage of time, his drug involvement is not especially rec\
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30.131 0 Td
(Applicant's experimentation with)Tj
-30.131 -1.125 Td
(amphetamines was confined to his youth. )Tj
16.802 0 Td
(Applicant's abuses of cocaine and marijuana are contrasted by their freq\
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-16.802 -1.125 Td
(and duration, but there is no evidence of any involvement \(including il\
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30.408 0 Td
(possession\) with illegal drugs since mid-)Tj
-30.408 -1.125 Td
(February 2000. )Tj
(However, a determination as to the risk of relapse must take into accoun\
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(but also the extent and duration of involvement and the circumstances of\
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31.158 0 Td
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-31.158 -1.125 Td
(the stronger the evidence of )Tj
11.356 0 Td
(rehabilitation must be to overcome the negative security implications of\
that conduct. )Tj
34.407 0 Td
(For)Tj
-45.763 -1.125 Td
(more than twenty years, Applicant saw no problem with the )Tj
24.188 0 Td
(recreational use of marijuana and cocaine, despite its)Tj
-24.188 -1.125 Td
(illegality. )Tj
4.055 0 Td
(Although Applicant reported a waning interest in the drugs after the bir\
th of his daughter in )Tj
36.824 0 Td
(1987, he)Tj
-40.878 -1.125 Td
(continued to use the drugs on occasion. )Tj
15.997 0 Td
(Applicant bears a particularly heavy burden to demonstrate not only that\
he has)Tj
-15.997 -1.125 Td
(abstained from illegal drugs, )Tj
11.691 0 Td
(but that he will not relapse into the abuse of marijuana and/or cocaine \
in the future.)Tj
-11.691 -2.125 Td
(When Applicant was interviewed by a DSS agent in March 2002, he indicate\
d he had no plans to use marijuana in the)Tj
T*
(future out of fear he might lose his )Tj
14.107 0 Td
(security clearance. )Tj
7.689 0 Td
(He denied any intent to use cocaine in the future, as although he)Tj
-21.797 -1.125 Td
(had "pretty much decided to stop" his use of cocaine before his arrest i\
n )Tj
28.974 0 Td
(October 1999, his arrest for illegal possession)Tj
-28.974 -1.125 Td
("brought the point home to [him]." )Tj
14.176 0 Td
(At his hearing, he testified he "just discontinued" his cocaine use, as \
it wasn't )Tj
31.101 0 Td
(part of)Tj
-45.277 -1.125 Td
(his life. )Tj
3.25 0 Td
(For appropriate consideration of E2.A8.1.3.3. \(there is demonstrated in\
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-3.25 -1.125 Td
(it is not enough that one state )Tj
11.97 0 Td
(an intent to forego any future drug involvement; the intent must be demo\
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-11.97 -1.125 Td
(concrete actions taken in reform. )Tj
13.383 0 Td
(There is no evidence Applicant has been )Tj
16.466 0 Td
(around cocaine or sought it out since October)Tj
-29.849 -1.125 Td
(1999. )Tj
(Notwithstanding his long history of cocaine abuse, there is seen little \
risk of him using cocaine or )Tj
41.77 0 Td
(amphetamines)Tj
-41.77 -1.125 Td
(in the future, so favorable findings are returned as to subparagraphs 1.\
a., 1.b., 1.c., 1.d., 1.e., 1.f., and 1.k. of the SOR.)Tj
0 -2.125 TD
(There is an unacceptable risk of Applicant using marijuana in the future\
, however. )Tj
33.183 0 Td
(His arrest for possession of narcotics)Tj
-33.183 -1.125 Td
(\(cocaine\) had no impact on his attitude )Tj
15.8 0 Td
(toward marijuana, as evidenced by his subsequent possession of marijuana\
in his)Tj
-15.8 -1.125 Td
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9.692 0 Td
(He continues to associate with known users of )Tj
18.774 0 Td
(marijuana, and was offered marijuana as recently)Tj
-28.466 -1.125 Td
(as May 2002. )Tj
(While there is no evidence he used marijuana on that occasion, questions\
persist about his )Tj
41.878 0 Td
(reform because)Tj
-41.878 -1.125 Td
(of his failure to recognize the need to remove himself from situations w\
hich pose a risk of relapse. )Tj
39.571 0 Td
(Applicant testified to)Tj
-39.571 -1.125 Td
(seeing no problem )Tj
7.637 0 Td
(with being around "a couple of guys watching a football game [who will] \
smoke a joint or a pipe or)Tj
-7.637 -1.125 Td
(something like that." )Tj
8.574 0 Td
(Applicant claims to have told his )Tj
13.442 0 Td
(friends he does not care for the drug, but his history suggests)Tj
-22.016 -1.125 Td
(otherwise. Applicant having failed to demonstrate that his lifestyle is \
no longer conducive to )Tj
37.241 0 Td
(involvement with)Tj
-37.241 -1.125 Td
(marijuana, adverse findings are returned with respect to subparagraphs 1\
.g., 1.h., 1.i. and 1.j. of the SOR.)Tj
T*
(With respect to guideline G, alcohol consumption, Applicant began to dri\
nk heavily following his divorce in 1994. A)Tj
0 -1.125 TD
(conviction of driving while impaired in October 1999 and a court-mandate\
d fifteen-week alcohol education program in)Tj
T*
(2000 had little positive impact on his consumption. By April 2001, he wa\
s drinking in quantity of twelve beers and)Tj
T*
(shots on a daily basis and experiencing withdrawal symptoms. Following a\
brief two-week attempt at rehabilitation in)Tj
T*
(April 2001, Applicant was administratively discharged from treatment fac\
ility B's outpatient program with a poor to fair)Tj
T*
(prognosis as he had little motivation to remain abstinent. Clearly, Appl\
icant had developed a serious alcohol problem, as)Tj
T*
(he relapsed into abusive levels immediately on his discharge. )Tj
24.715 0 Td
(Although there )Tj
6.276 0 Td
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(E2.A10.1.1. )Tj
/TT2 1 Tf
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/TT0 1 Tf
(: A history or pattern of criminal activity creates doubt about a person\
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0 -1.125 TD
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0 -2.125 TD
(E2.A10.1.2. )Tj
(Conditions that could raise a security concern and may be disqualifying \
include:)Tj
T*
(E2.A10.1.1. )Tj
(Allegations or admission of criminal conduct, regardless of whether the \
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T*
(E2.A10.1.2.2. )Tj
(A single serious crime or multiple lesser offenses)Tj
T*
(E2.A10.1.3. )Tj
(Conditions that could mitigate security concerns include:)Tj
T*
(None.)Tj
23.156 -2.125 Td
(* * *)Tj
-23.156 -2.125 Td
(Under the provisions of Executive Order 10865 as amended and the Directi\
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0 -1.125 TD
(applicant's clearance may be made only upon )Tj
18.367 0 Td
(an affirmative finding that to do so is clearly consistent with the nati\
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-18.367 -1.125 Td
(interest. )Tj
3.443 0 Td
(In reaching the fair and impartial overall common sense determination )Tj
28.434 0 Td
(required, the Administrative Judge can)Tj
-31.877 -1.125 Td
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45.067 0 Td
(In)Tj
-45.067 -1.125 Td
(addition, as the trier of fact, the Administrative Judge must make criti\
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T*
(Decisions under the Directive include )Tj
15.356 0 Td
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-15.356 -1.125 Td
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20.907 -2.125 Td
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(Initially, the Government has the burden of proving any controverted fac\
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45.514 0 Td
(If the)Tj
-45.514 -1.125 Td
(Government meets its burden and )Tj
13.747 0 Td
(establishes conduct cognizable as a security concern under the Directive\
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-13.747 -1.125 Td
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29.797 0 Td
(extenuation or mitigation sufficient to)Tj
-29.797 -1.125 Td
(demonstrate that, despite the existence of criterion conduct, it is clea\
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T*
(continue his security clearance.)Tj
0 -2.125 TD
(A person who seeks access to classified information enters into a fiduci\
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0 -1.125 TD
(upon trust and confidence. )Tj
10.858 0 Td
(Where the )Tj
4.386 0 Td
(facts proven by the Government raise doubts about an applicant's judgmen\
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-15.244 -1.125 Td
(reliability or trustworthiness, the applicant has a heavy burden of pers\
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31.797 0 Td
(demonstrate that he is nonetheless)Tj
-31.797 -1.125 Td
(security worthy. As noted by the United States Supreme Court in )Tj
/TT2 1 Tf
26.274 0 Td
(Department of Navy v. Egan)Tj
/TT0 1 Tf
11.414 0 Td
(, 484 U.S. 518, 531)Tj
-37.688 -1.125 Td
(\(1988\), )Tj
("the clearly consistent standard indicates that security clearance deter\
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T*
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