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(Assault, and Failure to Disburse. He explained the incident occurred whe\
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group)Tj
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(intent to murder charge. He was also ordered to pay $9,933.34 as restitu\
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(mutually decided to obtain the intervention of the juvenile court by fil\
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)Tj
0 -1.231 TD
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0 -1.231 TD
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(\(d\) Waiver authority. In a meritorious case, an exception to the prohi\
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/Span<>> BDC
( )Tj
EMC
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/Span<>> BDC
( )Tj
EMC
10.69 0 Td
(information they could provide that would alter my decision on the appli\
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/Span<>> BDC
( )Tj
EMC
15.829 0 Td
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( )Tj
EMC
14.745 0 Td
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/Span<>> BDC
( )Tj
EMC
19.576 0 Td
(waiver at this time.)Tj
-19.576 -6.462 Td
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(security)Tj
/Span<>> BDC
( )Tj
EMC
3.416 0 Td
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/Span<>> BDC
( )Tj
EMC
6.554 0 Td
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-6.554 -1.231 Td
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/Span<>> BDC
( )Tj
EMC
9.608 0 Td
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-9.608 -1.231 Td
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/Span<>> BDC
( )Tj
EMC
16.97 0 Td
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/Span<>> BDC
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( )Tj
EMC
5.027 0 Td
(make the following findings of fact:)Tj
-5.027 -6.462 Td
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(contractors at)Tj
/Span<>> BDC
( )Tj
EMC
5.664 0 Td
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/Span<>> BDC
( )Tj
EMC
11.498 0 Td
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-11.498 -1.231 Td
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/Span<>> BDC
( )Tj
EMC
15.828 0 Td
(from active service on October 31, 1968. He was awarded an Army Commenda\
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-15.828 -1.231 Td
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/Span<>> BDC
( )Tj
EMC
18.494 0 Td
(October 22, 1968. He was honorably discharged on February 1, 1972.)Tj
-18.494 -6.462 Td
(Applicant was investigated by the Army for shipping by U.S. mail an M-2,\
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T*
(rifle with two)Tj
/Span<>> BDC
( )Tj
EMC
5.693 0 Td
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/Span<>> BDC
( )Tj
EMC
2.5 0 Td
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-2.5 -1.231 Td
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/Span<>> BDC
( )Tj
EMC
9.274 0 Td
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/Span<>> BDC
( )Tj
EMC
2.5 0 Td
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-2.5 -1.231 Td
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/Span<>> BDC
( )Tj
EMC
(986 has on this case.)Tj
0 -6.462 TD
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licable part, as follows:)Tj
0 -6.462 TD
(\(c\) Persons disqualified from being granted security clearances. A per\
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0 -1.231 TD
(person:)Tj
0 -6.462 TD
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T*
(\(d\) Waiver authority. In a meritorious case, the Secretary of Defense \
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0 -1.231 TD
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T*
(sentence may not be delegated.)Tj
0 -2.462 TD
(The statute was amended, effective October 28, 2004, to read, in applica\
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0 -6.462 TD
(\(c\) Persons disqualified from being granted security clearances. A per\
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0 -1.231 TD
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0 -6.462 TD
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0 -1.231 TD
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EMC
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0 -1.125 TD
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T*
(years suspended\), and actually served about 24 months in jail. Although\
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T*
(security concern created by his criminal conduct, he is prohibited from \
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/Span<>> BDC
( )Tj
EMC
41.932 0 Td
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T*
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/Span<>> BDC
( )Tj
EMC
17.079 0 Td
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( The SOR, which is in essence the administrative)Tj
/Span<>> BDC
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EMC
19.885 0 Td
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-30.669 -1.125 Td
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T*
(security clearance granted or renewed.)Tj
9.75 0 0 9.75 16 156.75 Tm
(Applicant submitted a sworn answer to the SOR, dated March 22, 2004, and\
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0 -1.231 TD
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/Span<>> BDC
( )Tj
EMC
(criminal conduct without commenting on the allegation of the applicabili\
ty of 10 U.S.C. \247 986 to the case.)Tj
0 -6.462 TD
(This case was assigned to me on August 18, 2004. A notice of hearing was\
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0 -1.231 TD
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/Span<>> BDC
( )Tj
EMC
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T*
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/Span<>> BDC
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EMC
9.525 0 Td
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-9.525 -1.231 Td
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/Span<>> BDC
( )Tj
EMC
14.8 0 Td
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0 -6.462 TD
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10.357 0 Td
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0 -1.231 TD
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/Span<>> BDC
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EMC
4.388 0 Td
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-4.388 -1.231 Td
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/Span<>> BDC
( )Tj
EMC
7.581 0 Td
(indicates an individual may be inclined to break, disregard, or fail to \
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-7.581 -1.231 Td
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/Span<>> BDC
( )Tj
EMC
15.55 0 Td
(classified information.)Tj
-15.55 -6.462 Td
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T*
(Assault and)Tj
/Span<>> BDC
( )Tj
EMC
(Battery, and Assault, sentenced to ten years confinement \(five years su\
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0 -1.231 TD
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( )Tj
EMC
8.636 0 Td
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13.722 0 Td
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/Span<>> BDC
( )Tj
EMC
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19.637 0 Td
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/TT1 1 Tf
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/Span<>> BDC
( )Tj
EMC
16.914 0 Td
(imprisonment for a term exceeding one year )Tj
/TT0 1 Tf
17.968 0 Td
(apply in this case.)Tj
-34.881 -6.462 Td
(Applicant has not been arrested or charged with any offense since his 19\
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0 -1.231 TD
(which he)Tj
/Span<>> BDC
( )Tj
EMC
(credibly explained was an attempt to involve the juvenile court in contr\
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T*
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/Span<>> BDC
( )Tj
EMC
10.025 0 Td
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-10.025 -1.231 Td
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/Span<>> BDC
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EMC
14.772 0 Td
(itigating Conditions \(MC\) 1)Tj
/TT1 1 Tf
11.195 0 Td
(: The criminal behavior was not recent)Tj
/TT0 1 Tf
15.609 0 Td
(; MC 4: )Tj
/TT1 1 Tf
(. . . the factors leading to the)Tj
-41.576 -1.231 Td
(violation are not likely to recur)Tj
/TT0 1 Tf
12.525 0 Td
( and MC 6: )Tj
/TT1 1 Tf
(There is)Tj
/Span<>> BDC
( )Tj
EMC
(clear evidence of successful rehabilitation )Tj
/TT0 1 Tf
25.412 0 Td
(applicable. Applicant would be able to mitigate the)Tj
-37.937 -1.538 Td
(security concern that arises from his 1981 criminal convictions,)Tj
/Span<>> BDC
( )Tj
EMC
25.66 0 Td
(but for the statutory disqualification imposed by 10 U.S.C. \247 986.)Tj
0 0 1 rg
8.25 0 0 8.25 521.8241 463.5 Tm
( \(12\))Tj
ET
0 0 1 RG
0.75 w
q 1 0 0 1 521.8241 462.75 cm
0 0 m
15.807 0 l
h
S
Q
BT
0 g
9.75 0 0 9.75 537.6312 459.75 Tm
( Guideline J is)Tj
-53.501 -1.231 Td
(decided against Applicant.)Tj
0 -6.462 TD
(Personal conduct under Guideline E is always a security concern because \
it asks the central question if a person's past conduct justifies confid\
ence)Tj
0 -1.231 TD
(the person)Tj
/Span<>> BDC
( )Tj
EMC
(can be trusted to properly safeguard classified information.)Tj
0 -6.462 TD
(There is insufficient evidence to attribute any security significance to\
the investigation conducted of Applicant's shipping weapons to his home\
from)Tj
0 -1.231 TD
(Viet Nam in 1968. He testified he believed it was legal to ship the weap\
ons when he did so. The facts that he was not disciplined in any manner,\
)Tj
0 -1.231 TD
(that shortly after the investigation was concluded he was awarded an Arm\
y Commendation Medal, and that he received an honorable discharge all)Tj
T*
(indicate the contemporaneous)Tj
/Span<>> BDC
( )Tj
EMC
12.19 0 Td
(investigation did not lead anyone at the time to conclude his actions we\
re illegal or warranted sanctions of any type.)Tj
-12.19 -6.462 Td
(However, Applicant deliberately provided false information to the SA fro\
m DSS when he was first interviewed about the 1981 incident. His active)Tj
T*
(involvement)Tj
/Span<>> BDC
( )Tj
EMC
5.249 0 Td
(in the altercation that led to his arrest and conviction, whether or not\
it was in self-defense, was relevant and material information)Tj
-5.249 -1.231 Td
(bearing upon his clearance)Tj
/Span<>> BDC
( )Tj
EMC
10.939 0 Td
(eligibility. DC 3: )Tj
/TT1 1 Tf
7.056 0 Td
(Deliberately providing false or misleading information concerning releva\
nt and material matters to an)Tj
-17.995 -1.231 Td
(investigator, security official,)Tj
/Span<>> BDC
( )Tj
EMC
12.026 0 Td
(competent medical authority, or other official representative in connect\
ion with a personnel security or)Tj
-12.026 -1.231 Td
(trustworthiness determination )Tj
/TT0 1 Tf
12.278 0 Td
(applies.)Tj
-12.278 -6.462 Td
(Applicant freely disclosed the information about his 1981 arrest in a se\
curity clearance application \(SF 86\) he submitted in 2002. While attem\
pting)Tj
T*
(to negate his)Tj
/Span<>> BDC
( )Tj
EMC
5.304 0 Td
(active participation in the incident, Appellant did provide truthful inf\
ormation about his membership in a motorcycle gang, the gang's)Tj
-5.304 -1.231 Td
(involvement in the)Tj
/Span<>> BDC
( )Tj
EMC
7.749 0 Td
(beating, and his conviction and sentence in the first statement. MC 2: )Tj
/TT1 1 Tf
27.938 0 Td
(The falsification was an isolated incident, was not recent,)Tj
-35.687 -1.231 Td
(and the individual has)Tj
/Span<>> BDC
( )Tj
EMC
9.166 0 Td
(subsequently provided correct information voluntarily )Tj
/TT0 1 Tf
21.969 0 Td
(applies. Considering all evidence in this case, including the whole)Tj
-31.135 -1.231 Td
(person factors, Applicant has)Tj
/Span<>> BDC
( )Tj
EMC
11.913 0 Td
(mitigated the security concern caused by his personal conduct.)Tj
/TT1 1 Tf
25.02 0 Td
( )Tj
/TT0 1 Tf
(Guideline E is decided for Applicant.)Tj
ET
EMC
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