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(484 U.S. 518, 531 \(1988\).)Tj
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(ISCR Case No. 01-20700 \(December 19, 2002\) at p. 3 \(citations omitted\
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(6. )Tj
(ISCR Case No. 98-0761 \(December 27, 1999\) at p. 2.)Tj
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(7. )Tj
(ISCR Case No. 94-1075 \(August 10, 1995\) at pp. 3-4; Directive, Enclosu\
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(8. )Tj
(ISCR Case No. 93-1390 \(January 27, 1995\) at pp. 7-8; Directive, Enclos\
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(9. )Tj
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(Egan)Tj
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(, 484 U.S. at 528, 531.)Tj
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(Id at 531.)Tj
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(11. )Tj
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(Egan)Tj
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-4.917 -2.125 Td
(I have considered Applicant's appearance and demeanor while testifying a\
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0 -1.125 TD
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12.386 0 Td
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29.313 0 Td
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44.599 0 Td
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13.774 0 Td
(evidence to conclusively find he used marijuana as recently as 2001.)Tj
-13.774 -2.125 Td
(Additionally, Applicant's testimony that he did not use marijuana betwee\
n 1986 and 1999, or after 2001 is not credible.)Tj
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(However, DOHA Appeal Board precedent does not permit me to base a findin\
g that he actually used marijuana during)Tj
T*
(those time periods solely on his lack of credibility on the issue, see: \
ISCR Case No. 02-24452 \(August 4, 2004\).)Tj
T*
(However, Applicant's false testimony about his overall use of marijuana,\
together with the statements he provided about)Tj
T*
(his possession of marijuana seeds in 1991-92, and use of marijuana in 20\
01, must be considered in weighing his overall)Tj
T*
(trustworthiness and the likelihood he is )Tj
15.942 0 Td
(sincere when he indicates he will not use marijuana in the future. I hav\
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-15.942 -1.125 Td
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29.934 0 Td
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-29.934 -1.125 Td
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/TT1 1 Tf
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(The drug)Tj
-43.881 -1.125 Td
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/TT0 1 Tf
10.914 0 Td
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/TT1 1 Tf
(The drug involvement was an isolated or aberrational event)Tj
/TT0 1 Tf
27.359 0 Td
(; and MC 3: )Tj
/TT1 1 Tf
(A)Tj
-38.272 -1.125 Td
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20.082 0 Td
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/TT0 1 Tf
(. MC 4: )Tj
/TT1 1 Tf
(Satisfactory completion of a prescribed drug treatment)Tj
-20.082 -1.125 Td
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34.135 0 Td
(abuse, and a favorable prognosis)Tj
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/TT0 1 Tf
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( clearly does not apply based upon Applicant's positive exit urinalysis \
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-15.552 -2.125 Td
(In all adjudications the protection of our national security is the para\
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T*
(clearance process is the fair-minded, )Tj
14.882 0 Td
(commonsense assessment of a person's trustworthiness and fitness for acc\
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-14.882 -1.125 Td
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)Tj
29.667 0 Td
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-29.667 -1.125 Td
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41.852 0 Td
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-41.852 -1.125 Td
(and applying sound judgment, mature thinking, and careful analysis.)Tj
0 -2.125 TD
(I have considered all relevant and material facts and circumstances pres\
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0 -1.125 TD
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16.765 0 Td
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(Applicant has failed to present sufficient evidence of refutation, exten\
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32.627 0 Td
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-32.627 -1.125 Td
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/TT2 1 Tf
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0 -1.125 TD
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16.242 0 Td
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4.93 -2.125 Td
(Henry Lazzaro)Tj
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(Administrative Judge)Tj
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(1. )Tj
(This action was taken under Executive Order 10865, and DoD Directive 522\
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T*
(and modified \(Directive\).)Tj
0 -2.125 TD
(2. )Tj
(ISCR Case No. 96-0277 \(July 11, 1997\) at p. 2.)Tj
T*
(3. )Tj
(ISCR Case No. 97-0016 \(December 31, 1997\) at p. 3; Directive, Enclosur\
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0 -1.125 TD
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15.133 0 Td
(employment in the same area two months after his resignation.)Tj
-15.133 -2.125 Td
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16.548 0 Td
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31.656 0 Td
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(Applicant's hearing testimony was )Tj
14.011 0 Td
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-14.011 -2.125 Td
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20.688 0 Td
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35.407 0 Td
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-35.407 -1.125 Td
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/TT1 1 Tf
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14.909 0 Td
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-14.909 -1.125 Td
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31.237 0 Td
(impartial commonsense decision based)Tj
-31.237 -1.125 Td
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17.631 0 Td
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(Additionally, an applicant has the ultimate burden of persuasion to obta\
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30.354 0 Td
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(No one has a right to a security clearance)Tj
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-17.643 -1.375 Td
(determinations should err, if they must, on the side of denials.")Tj
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( Any reasonable doubt about whether an applicant)Tj
-26.71 -1.375 Td
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10.33 0 Td
(to classified information must be resolved in favor of protecting nation\
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0 0 0.933 rg
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(Under Guideline H, illegal drug involvement raises questions about an in\
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0 -1.125 TD
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17.663 0 Td
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-17.663 -1.125 Td
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34.794 0 Td
(If they do not respect the rules on)Tj
-34.794 -1.125 Td
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0 -2.125 TD
(The record establishes that Applicant used and purchased marijuana on a \
more or less regular basis from about 1969 to)Tj
0 -1.125 TD
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15.718 0 Td
(seeds in his brief case in 1991/92, and was disciplined at work and requ\
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-15.718 -1.125 Td
(attend a substance abuse program. He tested positive for marijuana durin\
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30.573 0 Td
(random urinalysis screening in 1999, and)Tj
-30.573 -1.125 Td
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45.154 0 Td
(another)Tj
-45.154 -1.125 Td
(urinalysis in 2001, and resigned his employment rather than waiting to b\
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(Applicant is a 58-year-old married man. He graduated from high school in\
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0 -1.125 TD
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18.103 0 Td
(two years of study. He served on active duty in the U.S. Air Force from)Tj
-18.103 -1.125 Td
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34.909 0 Td
(senior airman \(paygrade E-4\).)Tj
-34.909 -2.125 Td
(Applicant was employed as a civilian electronic integrated systems mecha\
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(March 2001, when )Tj
(he was allowed to )Tj
15.218 0 Td
(resign in lieu of being terminated. He has now been employed as a test t\
echnician)Tj
-15.218 -1.125 Td
(by a government contractor since November 2003. The testimony, )Tj
26.798 0 Td
(certificates, and letters of recommendation he)Tj
-26.798 -1.125 Td
(submitted attest to his reputation as a dependable, reliable, and profes\
sional employee who is considered to be )Tj
44.293 0 Td
(ethical)Tj
-44.293 -1.125 Td
(and possessed of a strong work ethic.)Tj
0 -2.125 TD
(Applicant married in June 1969, was divorced in June 1974, and has one s\
on, age 35, from that marriage. He has been)Tj
0 -1.125 TD
(remarried since March 1976, and has two )Tj
16.828 0 Td
(sons from this marriage, ages 29 and 25.)Tj
-16.828 -2.125 Td
(Applicant possessed a secret security clearance while on active duty in \
the Air Force, and again during his civilian)Tj
T*
(employment with the Air Force from 1971 )Tj
17.302 0 Td
(until 2001. His clearance was apparently administratively terminated whe\
n)Tj
-17.302 -1.125 Td
(he resigned from that employment.)Tj
0 -2.125 TD
(Applicant first used marijuana in 1969 while on active duty in the Air F\
orce. His reported use consisted of two)Tj
0 -1.125 TD
(occasions while in the Air Force, and thereafter )Tj
19.243 0 Td
(from as much as one to two times a week to as little as once every six t\
o)Tj
-19.243 -1.125 Td
(eight months between 1970 and 1986. He also reported that he would occas\
ionally )Tj
33.27 0 Td
(purchase between one-eighth to one-)Tj
-33.27 -1.125 Td
(quarter ounce of marijuana for his personal use during this time period.\
Applicant claims he completely discontinued the)Tj
T*
(use of marijuana in 1986 when his employer began random drug testing.)Tj
0 -2.125 TD
(Applicant's vehicle and briefcase were searched by military policemen as\
signed to the Air Force Office of Special)Tj
0 -1.125 TD
(Investigations \(OSI\) sometime in either late )Tj
17.773 0 Td
(1991 or early 1992. According to Applicant, a friend's wife called OSI a\
nd)Tj
-17.773 -1.125 Td
(told them that Applicant was a major drug dealer in an effort to cause p\
roblems for )Tj
33.434 0 Td
(her husband's friends while she and)Tj
-33.434 -1.125 Td
(her husband were going through a divorce. Applicant consented to the sea\
rch and an unspecified quantity of marijuana)Tj
T*
(seeds were discovered in his briefcase. Applicant adamantly denies the s\
eeds belonged to him and speculates they were)Tj
T*
(placed in the briefcase by the military )Tj
15.355 0 Td
(policemen who conducted the search. As a result of the discovery of the \
seeds,)Tj
-15.355 -1.125 Td
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)Tj
29.853 0 Td
(substance abuse program for two years.)Tj
-29.853 -2.125 Td
(Applicant tested positive for the presence of the marijuana metabolite i\
n his system during a random urinalysis)Tj
T*
(administered by the Air Force in April 1999. )Tj
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(Applicant admits to using marijuana about four days before the sample)Tj
-18.135 -1.125 Td
(was collected, and explained that he had been somewhat stressed from wor\
king on his )Tj
34.685 0 Td
(income taxes when a friend came)Tj
-34.685 -1.125 Td
(to his house and offered him some marijuana to relax. He was suspended f\
rom work as a result of the urinalysis for 14)Tj
T*
(days in )Tj
(July 1999, required to attend a substance abuse program, placed on proba\
tion for two years, and received a "last)Tj
T*
(chance" letter that required him to submit to )Tj
17.903 0 Td
(random drug testing for the next two years.)Tj
-17.903 -2.125 Td
(Applicant's participation in the required substance abuse program began \
on August 31, 1999, when he commenced a 3-)Tj
T*
(Day Substance Abuse Educational )Tj
14.052 0 Td
(Seminar. He completed the seminar on September 3, 1999, was diagnosed as\
"drug)Tj
-14.052 -1.125 Td
(abuse - cannabis abuse" by a substance abuse specialist, and then began \
)Tj
28.926 0 Td
(participating in regular group counseling)Tj
-28.926 -1.125 Td
(sessions that continued until about February 2001, when he was scheduled\
to complete the counseling sessions.)Tj
T*
(Applicant was administered an exit urinalysis which tested positive for \
marijuana.)Tj
0 -2.125 TD
(Applicant denies using marijuana in 2001. He claims the positive urinaly\
sis resulted from his passive inhalation of)Tj
0 -1.125 TD
(marijuana smoke while he was doing )Tj
15.107 0 Td
(plumbing work in the apartment of an elderly invalid female drug dealer \
who his)Tj
-15.107 -1.125 Td
(wife was attempting to assist. According to Applicant, he worked in the \
)Tj
28.938 0 Td
(woman's apartment for about two hours on two)Tj
-28.938 -1.125 Td
(consecutive days shortly before providing the urine sample, and while he\
was in the apartment various people )Tj
44.154 0 Td
(were)Tj
-44.154 -1.125 Td
(smoking marijuana. Applicant provided no other evidence, scientific or o\
therwise, to support his claim of passive)Tj
T*
(inhalation.)Tj
0 -2.125 TD
(Applicant resigned from his job at the Air Force base following the seco\
nd positive urinalysis on or about March 9,)Tj
0 -1.125 TD
(2001. He provided a statement to a Special )Tj
17.412 0 Td
(Agent \(SA\) from the Defense Security Service \(DSS\) on October 2, 200\
3, in)Tj
-17.412 -1.125 Td
(which he claimed he resigned from his job of 30 years because his mother\
was )Tj
31.685 0 Td
(suffering from cancer and he needed to)Tj
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