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(04-11463 at 2 \(App. Bd. Aug. 4, 2006\))Tj
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(\(citing Directive \266 E3.1.32.1\). )Tj
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15.415 0 Td
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(19. )Tj
("The Administrative Judge [] consider[s] the record evidence as a whole,\
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28.213 0 Td
(\266 E3.1.15." )Tj
(ISCR Case No. 04-10340 at 2 \(App.)Tj
-28.213 -1.125 Td
(Bd. July 6, 2006\).)Tj
0 -2.125 TD
(20. )Tj
(In ISCR Case No. 04-08934 at 2 \(App. Bd. Aug. 17, 2006\) the Board stat\
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t)Tj
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(binding information. )Tj
8.527 0 Td
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(statements are considered in light of the record evidence of a whole. )Tj
/TT1 1 Tf
27.517 0 Td
(Id)Tj
/TT0 1 Tf
(. "The security concerns raised by Applicant's)Tj
-27.517 -1.125 Td
(falsification were not necessarily)Tj
/Span<>> BDC
( )Tj
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(overcome by Applicant's subsequent disclosures to the government. )Tj
/TT1 1 Tf
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(See )Tj
/TT0 1 Tf
(ISCR Case)Tj
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(No. 01-19513 at 5 \(App. Bd. Jan. 22, 2004\).")Tj
/TT1 1 Tf
( Id)Tj
/TT0 1 Tf
(.)Tj
0 -2.125 TD
(21. )Tj
(The Directive does not define "recent," and there is no "bright-line" de\
finition of what constitutes "recent" conduct.)Tj
0 -1.125 TD
(ISCR Case No. 03- 02374 at 4 \(App. Bd. Jan. 26, 2006\) \(Judge did not \
err by)Tj
/Span<>> BDC
( )Tj
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(concluding drug use not recent with)Tj
T*
(passage of slightly less than two and a half years between last use and \
hearing\) \(citing ISCR Case No. 02-10454 at 4)Tj
T*
(\(App. Bd. Nov. 23, 2004\)\). )Tj
/TT1 1 Tf
(See)Tj
/TT0 1 Tf
( ISCR Case)Tj
/Span<>> BDC
( )Tj
EMC
(No. 98-0611 at 2 \(App. Bd. Nov. 1, 1999\) \(not error for Judge to find\
that)Tj
T*
(last marijuana use nine months before close of record was not recent\).)Tj
0 -2.125 TD
(22. )Tj
(In Applicant's case, this includes aspects such as, the seriousness of t\
he misconduct, and the number of violations of)Tj
0 -1.125 TD
(the law, regardless of whether the misconduct resulted in an arrest or)Tj
/Span<>> BDC
( )Tj
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27.796 0 Td
(conviction.)Tj
-27.796 -2.125 Td
(23. )Tj
(The Judge is required to evaluate the record evidence as a whole and rea\
ch a reasonable conclusion as to the recency)Tj
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(of an applicant's conduct. )Tj
10.427 0 Td
(ISCR Case No. 03- 02374 at 4 \(App. Bd. Jan. 26,)Tj
/Span<>> BDC
( )Tj
EMC
(2006\) \(citing ISCR Case No. 02-22173 at 4)Tj
-10.427 -1.125 Td
(\(App. Bd. May 26, 2004\)\).)Tj
0 -2.125 TD
(24. )Tj
/TT1 1 Tf
(See generally, e.g. )Tj
/TT0 1 Tf
9.108 0 Td
(ISCR Case No. 98-0394 at 4 \(App. Bd. June 10, 1999\) \(Although the pas\
sage of three years since)Tj
-9.108 -1.125 Td
(Applicant's last act of misconduct did not, standing alone, compel the J\
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/Span<>> BDC
( )Tj
EMC
30.618 0 Td
(to apply CC MC 1, as a matter of law, the)Tj
-30.618 -1.125 Td
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mitigating condition.\).)Tj
T*
(25. )Tj
("Conduct not alleged in a SOR may be considered: )Tj
22.154 0 Td
(\(a\) to assess an applicant's credibility; \(b\) to evaluate an)Tj
-22.154 -1.125 Td
(applicant's evidence of extenuation, mitigation, or changed circumstance\
s; \(c\) to)Tj
/Span<>> BDC
( )Tj
EMC
32.391 0 Td
(consider whether an applicant has)Tj
-32.391 -1.125 Td
(demonstrated successful rehabilitation; \(d\) to decide whether a partic\
ular provision of the Adjudicative Guidelines is)Tj
0 -1.125 TD
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/Span<>> BDC
( )Tj
EMC
16.631 0 Td
(whole person analysis under Directive Section 6.3." )Tj
20.986 0 Td
(ISCR Case No. 03-20327)Tj
-37.618 -1.125 Td
(at 3 \(App. Bd. Oct. 26, 2006\) \(citing )Tj
14.831 0 Td
(ISCR Case No. 00-0633 at 3 \(App. Bd. Oct. 24, 2003\)\).)Tj
-14.831 -2.125 Td
(26. )Tj
(Security concerns are not necessarily overcome by Applicant's favorable \
professional and work record. )Tj
/TT1 1 Tf
42.998 0 Td
(See)Tj
/TT0 1 Tf
( )Tj
(ISCR)Tj
-42.998 -1.125 Td
(Case No. 04-08934 at 2 \(App. Bd. Aug. 17, 2006\) \(citing ISCR Case No.\
)Tj
/Span<>> BDC
( )Tj
EMC
(01-01642 at 6 \(App. Bd. June 14, 2002\)\).)Tj
0 -2.125 TD
(27. )Tj
/TT1 1 Tf
(See )Tj
/TT0 1 Tf
(ISCR Case No. 04-06242 at 2 \(App. Bd. June 28, 2006\).)Tj
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(Paragraph 2, Guideline J: )Tj
10.414 0 Td
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(Subparagraph 2.a: )Tj
7.525 0 Td
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(In light of all the circumstances presented by the record in this case, \
it is not clearly consistent with the national interest)Tj
0 -1.125 TD
(to grant or continue a security clearance for Applicant.)Tj
21.852 0 Td
( )Tj
(Clearance is denied.)Tj
-1.097 -2.125 Td
(Mark W. Harvey)Tj
-0.89 -2.125 Td
(Administrative Judge)Tj
-19.865 -2.125 Td
(1. )Tj
(Exhibit 1, Electronic Standard Form \(SF\) 86, Security Clearance Applic\
ation is dated April 3, 2003, on the first page.)Tj
T*
(There is an allegation of falsification of this SF 86 in SOR \266\266 1.\
a and 1.b,)Tj
/Span<>> BDC
( )Tj
EMC
29.651 0 Td
(and 2.a.)Tj
-29.651 -2.125 Td
(2. )Tj
(Exhibit 6 \(Statement of Reasons \(SOR\), dated August 11, 2005\). )Tj
27.191 0 Td
(Exhibit 6 is the source for the remainder of this)Tj
-27.191 -1.125 Td
(paragraph.)Tj
0 -2.125 TD
(3. )Tj
(Exhibit 7 \(Applicant's response to SOR, notarized on September 8, 2005\)\
.)Tj
T*
(4. )Tj
(Exhibit 7, )Tj
/TT2 1 Tf
5.194 0 Td
(supra )Tj
/TT0 1 Tf
(note 3, is the source for all factual assertions in this paragraph.)Tj
-5.194 -2.125 Td
(5. )Tj
(Exhibit 1, )Tj
/TT2 1 Tf
5.194 0 Td
(supra )Tj
/TT0 1 Tf
(note 1, section 1.1, at 1 \(Date of birth was in December 1974\).)Tj
-5.194 -2.125 Td
(6. )Tj
/TT2 1 Tf
(Id.)Tj
/TT0 1 Tf
(, section 6.1, at 3.)Tj
T*
(7. )Tj
/TT2 1 Tf
(Id)Tj
/TT0 1 Tf
(., section 5, at 2.)Tj
T*
(8. )Tj
/TT2 1 Tf
(Id)Tj
/TT0 1 Tf
(., )Tj
/TT2 1 Tf
(supra )Tj
/TT0 1 Tf
(note 1,)Tj
/TT2 1 Tf
( )Tj
/TT0 1 Tf
(section 11, at 6.)Tj
T*
(9. )Tj
/TT2 1 Tf
(Id.)Tj
/TT0 1 Tf
(, section 8, at 4.)Tj
T*
(10. )Tj
(Exhibit 2, statement of Applicant to Defense Security Service \(DSS\) sp\
ecial agent on April 14, 2003, at 3-4, is the)Tj
0 -1.125 TD
(source for the facts in this paragraph, unless otherwise stated.)Tj
0 -2.125 TD
(11. )Tj
(Applicant was unsure about whether his 1992 conviction was actually expu\
nged \(R. 16, 41-42\). )Tj
40.019 0 Td
(However, for)Tj
-40.019 -1.125 Td
(purposes of this decision, I have presumed that it was in fact expunged \
\(R. 42\).)Tj
T*
(12. )Tj
(The record has 1999, 2000, and 2002 as dates for this arrest \(R. 19, 36\
, 44\). )Tj
31.937 0 Td
(Ultimately, Applicant concluded the)Tj
-31.937 -1.125 Td
(correct year was 2000 \(R. 48-49\).)Tj
T*
(13. )Tj
(The state court's dismissal of the marijuana possession charge does not \
preclude a finding that there is substantial)Tj
0 -1.125 TD
(evidence that Applicant possessed marijuana. )Tj
/TT2 1 Tf
18.438 0 Td
(See)Tj
/TT0 1 Tf
( ISCR Case No. 03-21933 at)Tj
/Span<>> BDC
( )Tj
EMC
(2 \(App. Aug. 18, 2006\) \(citing ISCR)Tj
-18.438 -1.125 Td
(Case No. 02-01181 at 3-4 \(App. Bd. Jan. 30, 2004\)\).)Tj
0 -2.125 TD
(14. )Tj
(Exhibit 1, )Tj
/TT2 1 Tf
5.694 0 Td
(supra)Tj
/TT0 1 Tf
( note 1, section 24, at 8.)Tj
-5.694 -2.125 Td
(15. )Tj
(Exhibit 3, Electronic Standard Form \(SF\) 86, Security Clearance Applic\
ation is dated April 17, 2005, on the first)Tj
0 -1.125 TD
(page. )Tj
(There is no allegation of falsification of this SF 86 in the SOR.)Tj
0 -2.125 TD
(16. )Tj
(Exhibit 1, supra note 1, section 24, at 8.)Tj
T*
(17. )Tj
(Exhibit 3, Electronic Standard Form \(SF\) 86, Security Clearance Applic\
ation is dated April 17, 2005, on the first)Tj
0 -1.125 TD
(page. )Tj
(There is no allegation of falsification of the 2005 SF 86 in the SOR.)Tj
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(...)Tj
(yComputer/Desktop/DOHA%20transfer/DOHA-Kane/dodogc/doha/industrial/Archi\
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(Directive \266 E2.A10.1.3.2, or under CC MC 3 when an applicant demonstr\
ates he)Tj
/Span<>> BDC
( )Tj
EMC
32.501 0 Td
("was pressured or coerced into)Tj
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(committing the act and those pressures are no longer present in that per\
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32.94 0 Td
(Directive \266 E2.A10.1.3.3. )Tj
10.506 0 Td
(CC MCs 2)Tj
-43.447 -1.125 Td
(and 3 do not apply because Applicant)Tj
/Span<>> BDC
( )Tj
EMC
15.301 0 Td
(committed the 2003 falsification and then was dishonest in his 2005 resp\
onse to)Tj
-15.301 -1.125 Td
(the SOR and at his 2006 hearing when addressing the falsifications, and \
no one caused him or influenced him to)Tj
/Span<>> BDC
( )Tj
EMC
45.128 0 Td
(commit)Tj
-45.128 -1.125 Td
(the criminal conduct.)Tj
0 -2.125 TD
(For CC MC 4, security concerns pertaining to criminal conduct may be mit\
igated when an applicant "did not voluntarily)Tj
0 -1.125 TD
(commit the act and/or the factors leading to the violation are not likel\
y to)Tj
/Span<>> BDC
( )Tj
EMC
29.491 0 Td
(recur." )Tj
(Directive \266 E2.A10.1.3.4.)Tj
/Span<>> BDC
( )Tj
EMC
( Applicant)Tj
-29.491 -1.125 Td
(voluntarily committed the criminal conduct, and has not shown a sufficie\
nt track record of positive or non-criminal)Tj
T*
(conduct. )Tj
3.666 0 Td
(CC MC 4 does not apply.)Tj
-3.666 -2.125 Td
(In regard to CC MCs 5 and 6, security concerns may be mitigated when an \
applicant was acquitted or "[t]here is clear)Tj
T*
(evidence of successful rehabilitation." )Tj
15.486 0 Td
(Directive \266\266 E2.A10.1.3.5 and)Tj
/Span<>> BDC
( )Tj
EMC
12.403 0 Td
(E2.A10.1.3.6. )Tj
(CC MC 5 and 6 do not apply)Tj
-27.889 -1.125 Td
(because Applicant was not acquitted of violation of 18 U.S.C. \247 1001 \
and there is a dearth of evidence about changes in)Tj
T*
(his life that establish his )Tj
9.916 0 Td
(successful rehabilitation.)Tj
/TT1 1 Tf
8.769 -2.125 Td
("Whole Person" Analysis)Tj
/TT0 1 Tf
-18.684 -2.125 Td
(In addition to the enumerated disqualifying and mitigating conditions as\
discussed previously, I have considered the)Tj
T*
(general adjudicative guidelines related to the whole person concept unde\
r)Tj
/Span<>> BDC
( )Tj
EMC
29.655 0 Td
(Directive )Tj
3.97 0 Td
(provision E2.2.1. )Tj
(As noted above,)Tj
-33.625 -1.125 Td
(Applicant's history of criminal and personal conduct weighs against him \
because his conduct shows a poor decision-)Tj
T*
(making process. E2.2.1.1. His)Tj
/Span<>> BDC
( )Tj
EMC
12.249 0 Td
(actions concerning personal and criminal conduct, especially the falsifi\
cation of his 2003)Tj
-12.249 -1.125 Td
(SF 86 were knowledgeable and voluntary. )Tj
17.135 0 Td
(E2.2.1.2.)Tj
( )Tj
(His SOR-alleged falsification pertains to a single SF)Tj
/Span<>> BDC
( )Tj
EMC
25.08 0 Td
(86 in 2003,)Tj
-42.214 -1.125 Td
(and would be isolated and not particularly recent, if considered alone. \
)Tj
28.129 0 Td
(However, his falsifications in his 2005 response)Tj
-28.129 -1.125 Td
(to the SOR, and at his 2006 security clearance hearing are very)Tj
/Span<>> BDC
( )Tj
EMC
25.463 0 Td
(recent. )Tj
2.942 0 Td
(E2.2.1.3.)Tj
( )Tj
(He was in his late 20's when he)Tj
-28.405 -1.125 Td
(falsified his 2003 SF 86, and he is sufficiently mature to be fully resp\
onsible for his conduct. )Tj
37.354 0 Td
(E2.2.1.4.)Tj
( )Tj
(The falsification)Tj
-37.354 -1.125 Td
(was a voluntary decision,)Tj
/Span<>> BDC
( )Tj
EMC
10.414 0 Td
(motivated by a desire to conceal the extent of his marijuana possession \
and use. )Tj
32.13 0 Td
(E2.2.1.5 and)Tj
-42.544 -1.125 Td
(E2.2.1.7.)Tj
( )Tj
(The absence of rehabilitation and other pertinent behavioral changes inc\
reases security)Tj
/Span<>> BDC
( )Tj
EMC
38.818 0 Td
(concerns, and the)Tj
-38.818 -1.125 Td
(potential for pressure, coercion, exploitation, or duress remains. )Tj
25.77 0 Td
(E2.2.1.6 and E2.2.1.8.)Tj
8.916 0 Td
( )Tj
(The likelihood of future)Tj
-34.686 -1.125 Td
(falsifications remains substantial because such a short period of)Tj
/Span<>> BDC
( )Tj
EMC
25.687 0 Td
(time has elapsed since his last false or misleading)Tj
-25.687 -1.125 Td
(statement \(statement at his hearing on November 2, 2006\), and he has n\
ot provided sufficient evidence of a change in)Tj
0 -1.375 TD
(his lifestyle.)Tj
4.888 0 Td
( )Tj
(E2.2.1.9. )Tj
(His)Tj
/Span<>> BDC
( )Tj
EMC
(relative youth, and contributions to the national defense provide some m\
itigation,)Tj
0 0 0.933 rg
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( \(26\))Tj
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( but the)Tj
-44.743 -1.125 Td
(possibility remains of compromise of sensitive or classified information\
. )Tj
29.272 0 Td
(His failure to provide a credible)Tj
/Span<>> BDC
( )Tj
EMC
12.995 0 Td
(description of)Tj
-42.268 -1.125 Td
(his marijuana possession and use at his hearing and in his response to t\
he SOR weighs heavily)Tj
37.716 0 Td
( )Tj
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5.138 0 Td
(After)Tj
-43.104 -1.125 Td
(weighing the disqualifying and mitigating conditions, all the facts)Tj
/Span<>> BDC
( )Tj
EMC
26.551 0 Td
(and circumstances, in the context of the whole person,)Tj
-26.551 -1.125 Td
(I conclude Applicant has not mitigated the security concerns pertaining \
to personal and criminal conduct.)Tj
0 -2.125 TD
(The evidence leaves me with grave questions and doubts as to Applicant's\
security eligibility and suitability. I take this)Tj
0 -1.125 TD
(position based on the law, as set forth in )Tj
/TT2 1 Tf
16.331 0 Td
(Department of Navy v. Egan,)Tj
/TT0 1 Tf
11.664 0 Td
( 484)Tj
/Span<>> BDC
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EMC
(U.S. 518 \(1988\), my "careful consideration)Tj
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/Span<>> BDC
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EMC
13.497 0 Td
(my )Tj
(responsibilities under Enclosure 2 of the Directive. Applicant has faile\
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-13.497 -1.125 Td
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14.563 0 Td
(I conclude Applicant is not eligible for access to classified informatio\
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/TT1 1 Tf
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(Formal findings For or Against Applicant on the allegations set forth in\
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T*
(Enclosure 3 of the Directive, are:)Tj
0 -2.125 TD
(Paragraph 1, Guideline E: )Tj
10.636 0 Td
(AGAINST APPLICANT)Tj
-10.636 -2.125 Td
(Subparagraph 1.a: )Tj
7.525 0 Td
(Against Applicant)Tj
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(Subparagraph 1.b: )Tj
7.582 0 Td
(Against Applicant)Tj
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(Directive \266 )Tj
4.673 0 Td
(E2.A5.1.3.4.)Tj
/Span<>> BDC
( )Tj
EMC
( There is no evidence that anyone gave Applicant improper or inadequate \
advice or suggested)Tj
ET
Q
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(that he omit information from his SF-86. )Tj
16.554 0 Td
(Security concerns can be mitigated under PC MC 5 when an applicant "has)Tj
-16.554 -1.125 Td
(taken positive steps to significantly reduce or eliminate vulnerability \
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/TT1 1 Tf
42.23 0 Td
( )Tj
/TT0 1 Tf
(Directive \266)Tj
-42.23 -1.125 Td
(E2.A5.1.3.5.)Tj
/Span<>> BDC
( )Tj
EMC
( Under PC MC 5, Applicant receives some credit for eventually disclosing\
his 1992 marijuana possession)Tj
0 -1.125 TD
(conviction, his 2000 marijuana possession charge, and his continued)Tj
/Span<>> BDC
( )Tj
EMC
27.633 0 Td
(marijuana use until 1998/1999. )Tj
12.692 0 Td
(However, PC MC 5)Tj
-40.326 -1.125 Td
(may not be fully applied because his 2005 response to the SOR and his 20\
06 statement at his hearing recanted the)Tj
T*
(recency of his marijuana use. )Tj
11.939 0 Td
(Any steps made toward rehabilitation are insufficient in magnitude and t\
oo recent to)Tj
-11.939 -1.125 Td
(support full application of PC MC 5.)Tj
0 -2.125 TD
(In sum, Applicant's false 2003 SF 86 reflects questionable judgment, unt\
rustworthiness, and dishonesty. )Tj
41.869 0 Td
(Standing)Tj
-41.869 -1.125 Td
(individually, it might be regarded as an isolated offense that is somewh\
at remote)Tj
/Span<>> BDC
( )Tj
EMC
32.491 0 Td
(in time. )Tj
3.305 0 Td
(Directive \266\266 6.3.1 and 6.3.2.)Tj
-35.796 -1.125 Td
(However, taken along with his deliberately false statements in his respo\
nse to the SOR and at his hearing, his personal)Tj
0 -1.125 TD
(conduct is not mitigated. )Tj
10.137 0 Td
(His claim that)Tj
/Span<>> BDC
( )Tj
EMC
5.86 0 Td
(he thought he did not have to include his 1992 conviction because it was\
)Tj
-15.997 -1.125 Td
(expunged, even though he read the instruction for the question which spe\
cifically requires that he list sealed)Tj
T*
(conviction\(s\) is)Tj
/Span<>> BDC
( )Tj
EMC
6.443 0 Td
(deliberately false. )Tj
7.357 0 Td
(Similarly, he stated that his marijuana use stopped in 1995, when he act\
ually)Tj
-13.801 -1.125 Td
(continued to use marijuana until 1998 or 1999.)Tj
/TT2 1 Tf
20.253 -2.125 Td
(Criminal Conduct)Tj
/TT0 1 Tf
-20.253 -2.125 Td
(Under Guideline J, a history or pattern of criminal activity raises ques\
tions regarding an applicant's willingness or)Tj
T*
(ability to protect classified information and )Tj
17.551 0 Td
(creates doubt about a person's)Tj
/Span<>> BDC
( )Tj
EMC
12.204 0 Td
(judgment, reliability and trustworthiness.)Tj
-29.755 -1.125 Td
(Directive \266 )Tj
4.673 0 Td
(E2.A10.1.1.)Tj
-4.673 -2.125 Td
(Two criminal conduct disqualifying conditions \(CC DC\) could raise a se\
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39.99 0 Td
(CC DC 1 applies)Tj
-39.99 -1.125 Td
(where there are "[a]llegations or admissions of criminal conduct, regard\
less of)Tj
/Span<>> BDC
( )Tj
EMC
31.563 0 Td
(whether the person was formally)Tj
-31.563 -1.125 Td
(charged" and CC DC 2 applies in situations where an applicant has commit\
ted "a single serious crime or multiple lesser)Tj
T*
(offenses." )Tj
(Directive \266\266 E2.A10.1.2.1 and )Tj
16.644 0 Td
(E2.A10.1.2.2.)Tj
-16.644 -2.125 Td
(SOR )Tj
(\266 2.a alleges that he violated 18 U.S.C. \247 1001 by falsifying two \
answers on his 2003 SF 86. )Tj
39.312 0 Td
(As indicated)Tj
-39.312 -1.125 Td
(previously, I find that he deliberately falsified his 2003 SF 86. )Tj
25.134 0 Td
(For a violation of 18)Tj
/Span<>> BDC
( )Tj
EMC
8.471 0 Td
(U.S.C. \247 1001 to occur, however,)Tj
-33.605 -1.125 Td
(the falsification must be material. )Tj
13.662 0 Td
(The Supreme Court defined "materiality" in )Tj
/TT1 1 Tf
17.812 0 Td
(United States v. Gaudin)Tj
/TT0 1 Tf
9.554 0 Td
(, 515 U.S. 506,)Tj
-41.028 -1.125 Td
(512 \(1995\): as a statement having a "natural)Tj
/Span<>> BDC
( )Tj
EMC
17.903 0 Td
(tendency to influence, or [be] capable of influencing, the decision maki\
ng)Tj
-17.903 -1.125 Td
(body to which it is addressed." )Tj
/TT1 1 Tf
12.545 0 Td
(See also United States v. McLaughlin)Tj
/TT0 1 Tf
14.998 0 Td
(, 386 F.3d 547, 553 \(3d Cir. 2004\).)Tj
-27.543 -2.125 Td
(If Applicant had provided accurate answers to Questions 24 and 27 of his\
SF 86, those accurate answers were capable of)Tj
T*
(influencing the government to deny his security clearance. )Tj
23.63 0 Td
(His )Tj
(marijuana)Tj
/Span<>> BDC
( )Tj
EMC
5.887 0 Td
(usage until 1998/1999 \(from the age of 15 to)Tj
-29.518 -1.375 Td
(the age of 25\), and his marijuana possession in 2000, were sufficiently\
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( and serious)Tj
0 0 0.933 rg
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( to jeopardize his)Tj
-38.77 -1.375 Td
(security clearance application.)Tj
0 0 0.933 rg
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( \(23\))Tj
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( )Tj
(Because his marijuana possession and/or use occurred over a decade, and \
resulted in)Tj
-13.689 -1.125 Td
(law enforcement and judicial intervention on two occasions, his omission\
s to his SF 86 were material. )Tj
41.047 0 Td
(Accordingly, CC)Tj
-41.047 -1.125 Td
(DC 1 and 2 apply because Applicant committed a single serious offense, a\
violation of 18 U.S.C. \247 1001, which is a)Tj
T*
(felony.)Tj
0 -2.125 TD
(Security concerns based on criminal conduct can be mitigated by showing \
that it was not recent \(CC MC 1\). )Tj
43.545 0 Td
(Directive \266)Tj
-43.545 -1.125 Td
(E2.A10.1.3.1. )Tj
(As indicated previously in the discussion of materiality under)Tj
/Span<>> BDC
( )Tj
EMC
30.689 0 Td
(18 U.S.C. \247 1001, there are no "bright line")Tj
-30.689 -1.375 Td
(rules for determining when conduct is "recent.")Tj
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( \(24\))Tj
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BT
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( )Tj
(If the evidence shows "a significant period of time has passed)Tj
-20.506 -1.125 Td
(without any evidence of misconduct,")Tj
/Span<>> BDC
( )Tj
EMC
15.404 0 Td
(then an administrative judge must determine whether that period of time)Tj
-15.404 -1.125 Td
(demonstrates "changed circumstances or conduct sufficient to warrant a f\
inding of reform or rehabilitation." )Tj
/TT1 1 Tf
43.496 0 Td
(Id)Tj
/TT0 1 Tf
(.)Tj
-43.496 -1.125 Td
(Applicant's last SOR-alleged incident of criminal conduct was his false \
statement, when he filled out his security)Tj
0 -1.125 TD
(clearance application in 2003. )Tj
12.245 0 Td
(However, the SOR allegation of criminal conduct)Tj
/Span<>> BDC
( )Tj
EMC
20.105 0 Td
(must be considered along with all the)Tj
-32.35 -1.125 Td
(other evidence when applying this mitigating condition. )Tj
22.606 0 Td
(He was not forthright and candid when addressing his)Tj
-22.606 -1.375 Td
(culpability in his response to the SOR, dated)Tj
/Span<>> BDC
( )Tj
EMC
18.081 0 Td
(September 8, 2005, and at his hearing on November 2, 2006.)Tj
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( )Tj
0 0 0.933 rg
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( )Tj
(Viewing)Tj
-43.966 -1.125 Td
(his conduct as a whole, CC MC 1 does not apply.)Tj
ET
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10 36 592 730 re
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(Criminal conduct security concerns may be mitigated under CC MC 2 when t\
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(patriotism. )Tj
4.555 0 Td
(Nothing in this Decision should be construed to suggest that I have base\
d this decision, in whole)Tj
/Span<>> BDC
( )Tj
EMC
38.828 0 Td
(or in part,)Tj
ET
Q
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(on any express or implied determination as to Applicant's allegiance, lo\
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/TT1 1 Tf
20.489 -2.125 Td
(CONCLUSIONS)Tj
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/TT0 1 Tf
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(Upon consideration of all the facts in evidence, and after application o\
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0 -1.125 TD
(conditions, including those described briefly above, I conclude the foll\
owing with)Tj
/Span<>> BDC
( )Tj
EMC
33.02 0 Td
(respect to the allegations set forth in)Tj
-33.02 -1.125 Td
(the SOR:)Tj
/TT1 1 Tf
20.337 -2.125 Td
(Personal Conduct)Tj
/TT0 1 Tf
-20.337 -2.125 Td
(Under Guideline E, "conduct involving questionable judgment, untrustwort\
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T*
(dishonesty, or unwillingness to comply with rules and regulations could \
indicate that)Tj
/Span<>> BDC
( )Tj
EMC
34.189 0 Td
([applicant] may not properly)Tj
-34.189 -1.125 Td
(safeguard classified information." )Tj
13.792 0 Td
(Directive \266 E2.A5.l.l.)Tj
-13.792 -2.125 Td
(Three personal conduct disqualifying conditions \(PC DC\) could potentia\
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T*
(disqualifying in this case. )Tj
10.471 0 Td
(PC DC 2 applies where there has been )Tj
15.607 0 Td
("deliberate)Tj
/Span<>> BDC
( )Tj
EMC
4.6 0 Td
(omission, concealment, or falsification of)Tj
-30.678 -1.125 Td
(relevant and material facts from any personnel security questionnaire, p\
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T*
(to conduct investigations, determine)Tj
/Span<>> BDC
( )Tj
EMC
14.747 0 Td
(employment qualifications, award benefits or status, determine security \
clearance)Tj
-14.747 -1.125 Td
(eligibility or trustworthiness, or award fiduciary responsibilities." )Tj
26.431 0 Td
(Directive \266 E2.A5.1.2.2. )Tj
10.006 0 Td
(A security concern)Tj
/Span<>> BDC
( )Tj
EMC
7.802 0 Td
(may)Tj
-44.24 -1.125 Td
(result under PC DC 3 when an applicant deliberately provides "false or m\
isleading information concerning relevant and)Tj
T*
(material matters to an investigator, security official, competent medica\
l)Tj
/Span<>> BDC
( )Tj
EMC
28.795 0 Td
(authority, or other official representative in)Tj
-28.795 -1.125 Td
(connection with a personnel security or trustworthiness determination." \
)Tj
28.818 0 Td
(Directive \266 E2.A5.1.2.3. )Tj
10.006 0 Td
(PC DC 5 applies when)Tj
-38.824 -1.125 Td
(an applicant has "a pattern of)Tj
/Span<>> BDC
( )Tj
EMC
11.903 0 Td
(dishonesty or rule violations." )Tj
12.268 0 Td
(Directive \266 E2.A5.1.2.5.)Tj
-24.171 -2.125 Td
(For PC DCs 2 and 3, )Tj
(Applicant deliberately gave a false answer to Questions 24 and 27 of his\
2003 SF 86, in an attempt)Tj
0 -1.375 TD
(to conceal the extent of his marijuana possession and use.)Tj
0 0 0.933 rg
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( \(20\))Tj
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0 g
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( )Tj
(The evidence)Tj
/Span<>> BDC
( )Tj
EMC
5.858 0 Td
(of record establishes SOR \266\266 1.a and 1.b by)Tj
-30.464 -1.125 Td
(substantial evidence because he admited preparing his security questionn\
aire, he understood the questions, and he)Tj
0 -1.125 TD
(deliberately provided answers that)Tj
/Span<>> BDC
( )Tj
EMC
13.995 0 Td
(omitted important information. )Tj
12.665 0 Td
(His statements of confusion about expungement or)Tj
-26.66 -1.125 Td
(whether he was required to list a charge as opposed to a conviction are \
not credible. )Tj
33.738 0 Td
(The omitted information)Tj
/Span<>> BDC
( )Tj
EMC
10.081 0 Td
(would)Tj
-43.819 -1.125 Td
(have provided the government with material derogatory information. )Tj
27.797 0 Td
(PC DC 5 does not apply to SOR \266\266 1.a and 1.b)Tj
-27.797 -1.125 Td
(because the falsification occurred on the same 2003 SF 86.)Tj
0 -2.125 TD
(A security concern based on Guideline E may be mitigated by substantial \
evidence of personal conduct mitigating)Tj
0 -1.125 TD
(conditions \(PC MC\). )Tj
(Under PC MC 1, security concerns may be mitigated when)Tj
/Span<>> BDC
( )Tj
EMC
32.468 0 Td
(the derogatory "information was)Tj
-32.468 -1.125 Td
(unsubstantiated or not pertinent to a determination of judgment, trustwo\
rthiness, or reliability." )Tj
38.262 0 Td
(Directive \266 E2.A5.1.3.1.)Tj
-38.262 -1.125 Td
(The allegations in SOR \266\266 1.a and 1.b are)Tj
/Span<>> BDC
( )Tj
EMC
16.875 0 Td
(established by substantial evidence, and constitute deliberate falsifica\
tions. )Tj
30.213 0 Td
(As)Tj
-47.087 -1.125 Td
(such SOR \266\266 1.a and 1.b are relevant to making a security determin\
ation about his judgment, trustworthiness, and)Tj
T*
(reliability.)Tj
0 -2.125 TD
(PC MC 2 applies when the )Tj
11 0 Td
("falsification was an isolated incident, was not recent, and the individ\
ual has subsequently)Tj
-11 -1.125 Td
(provided correct information voluntarily)Tj
16.189 0 Td
(." )Tj
(Directive \266 E2.A5.1.3.2. )Tj
10.915 0 Td
(PC MC 3)Tj
/Span<>> BDC
( )Tj
EMC
(applies when the )Tj
11 0 Td
("individual made)Tj
-38.104 -1.125 Td
(prompt, good-faith efforts to correct the falsification before being con\
fronted with the facts.")Tj
37.117 0 Td
( )Tj
(Directive \266 E2.A5.1.3.3.)Tj
-37.117 -1.125 Td
(Applicant has partially established PC)Tj
/Span<>> BDC
( )Tj
EMC
15.525 0 Td
(Cs 2 and 3 because only one false SF 86 was submitted to the government \
on)Tj
-15.525 -1.125 Td
(October 29, 2003, over three years ago. )Tj
16.05 0 Td
(Additionally, he made a belated, good-faith effort to correct the record\
when)Tj
/Span<>> BDC
( )Tj
EMC
30.876 0 Td
(he)Tj
-46.926 -1.125 Td
(admitted the falsification in 2004 to a DSS investigator \(albeit after \
being confronted with the facts\). )Tj
40.461 0 Td
(Although his)Tj
-40.461 -1.125 Td
(eventual admission that the clearance entries were false was not "prompt\
," he)Tj
/Span<>> BDC
( )Tj
EMC
31.166 0 Td
(deserves some credit under the "whole)Tj
-31.166 -1.125 Td
(person" concept for providing accurate information in 2004. )Tj
/TT2 1 Tf
24.317 0 Td
(See )Tj
/TT0 1 Tf
(ISCR Case No. 04-07360 at 2, 3 \(App. Bd. Sep. 26,)Tj
-24.317 -1.125 Td
(2006\) \(indicating when a mitigating)Tj
/Span<>> BDC
( )Tj
EMC
14.636 0 Td
(condition cannot be fully applied, "some credit" is still available unde\
r that same)Tj
-14.636 -1.125 Td
(mitigating condition\). )Tj
8.971 0 Td
(However, his forthright answers during his 2004 DSS interview were negat\
ed when he)Tj
/Span<>> BDC
( )Tj
EMC
34.937 0 Td
(recanted)Tj
-43.908 -1.125 Td
(the recency of his drug use in his 2005 response to the SOR, and at his \
November 2, 2006, hearing.)Tj
T*
(PC MC 4 applies )Tj
(when "[)Tj
(o]mission of material facts was caused or significantly contributed to b\
y improper or)Tj
0 -1.125 TD
(inadequate advice of authorized personnel, and the previously omitted in\
formation)Tj
/Span<>> BDC
( )Tj
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(with a promotion \(Exhibit A, at 3\). )Tj
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(He)Tj
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)Tj
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(\(Exhibit A, at 6\). )Tj
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(his)Tj
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(explanations for each guideline, the)Tj
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(for access to classified information.)Tj
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(These adjudicative guidelines are not inflexible ironclad rules of law. \
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)Tj
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(about the person, past and present, favorable and)Tj
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0 -2.125 TD
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(surrounding the conduct, to include)Tj
-30.378 -1.125 Td
(knowledgeable participation; \(3\) the frequency and recency of the cond\
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(time of the conduct; \(5\) the voluntariness)Tj
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(of participation; \(6\) the presence or absence of rehabilitation and ot\
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-16.746 -1.125 Td
(pertinent behavioral changes; \(7\) the motivation for the conduct; \(8\)\
the potential for pressure, coercion, exploitation, or)Tj
T*
(duress; and \(9\) the likelihood of continuation or recurrence.)Tj
0 -2.125 TD
(Since the protection of the national security is the paramount considera\
tion, the final decision in each case is arrived at)Tj
0 -1.125 TD
(by applying the standard that the issuance of the clearance is "clearly)Tj
/Span<>> BDC
( )Tj
EMC
27.842 0 Td
(consistent with the interests of national security.")Tj
-27.842 -1.125 Td
(In reaching this decision, I have drawn only those conclusions that are \
reasonable, logical and based on the evidence)Tj
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(contained in the record.)Tj
/Span<>> BDC
( )Tj
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9.69 0 Td
(Likewise, I have avoided drawing inferences grounded on mere speculation\
or conjecture.)Tj
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(In the decision-making process, facts must be established by "substantia\
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( )Tj
(The government initially has the)Tj
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(in)Tj
/Span<>> BDC
( )Tj
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(accordance with the Directive, that it is not)Tj
-28.13 -1.125 Td
(clearly consistent with the national interest to grant or continue an ap\
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/Span<>> BDC
( )Tj
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(substantial evidence of a disqualifying condition, the burden shifts to \
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(evidence and prove a mitigating condition. )Tj
17.356 0 Td
(Directive \266 )Tj
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EMC
19.154 0 Td
(for presenting)Tj
-41.184 -1.125 Td
(witnesses and other evidence to rebut, explain, extenuate, or mitigate f\
acts admitted by applicant or proven by)Tj
T*
(Department Counsel, and [applicant] has the ultimate burden of)Tj
/Span<>> BDC
( )Tj
EMC
25.714 0 Td
(persuasion as to obtaining a favorable clearance)Tj
-25.714 -1.125 Td
(decision.")Tj
( )Tj
(The burden of disproving a mitigating condition )Tj
23.765 0 Td
(never shifts to the government. )Tj
/TT2 1 Tf
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(See)Tj
/TT0 1 Tf
( ISCR Case No. 02-31154)Tj
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(at 5 \(App. Bd. Sep. 22,)Tj
/Span<>> BDC
( )Tj
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(2005\).)Tj
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(A person who seeks access to classified information enters into a fiduci\
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(upon trust and confidence. It is a relationship that transcends normal d\
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/Span<>> BDC
( )Tj
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(hours and endures throughout off-duty hours)Tj
-29.631 -1.125 Td
(as well. It is because of this special relationship the government must \
be able to repose a high degree of trust and)Tj
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(confidence in those individuals to)Tj
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(whom it grants access to classified information. )Tj
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/Span<>> BDC
( )Tj
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(or)Tj
-46.625 -1.125 Td
(safeguard classified information. Such decisions entail a certain degree\
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T*
(potential, rather than actual, risk of compromise of classified informat\
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0 -2.125 TD
(The scope of an administrative judge's decision is limited. Applicant's \
allegiance, loyalty, and patriotism are not at issue)Tj
0 -1.125 TD
(in these proceedings. )Tj
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(Section 7 of Executive Order 10865 specifically)Tj
/Span<>> BDC
( )Tj
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(provides industrial security clearance decisions)Tj
-28.186 -1.125 Td
(shall be "in terms of the national interest and shall in no sense be a d\
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(concerned." )Tj
(Security clearance)Tj
/Span<>> BDC
( )Tj
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(decisions cover many characteristics of an applicant other than allegian\
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(1998/1999. )Tj
(I do not find his statement at his 2006 security clearance hearing about\
mistakenly omitting the 2000)Tj
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(marijuana possession charge to be credible.)Tj
0 -2.125 TD
(In 2003, Applicant answered Question 24 of his 2003 SF 86, which concern\
s his police record pertaining to his alcohol)Tj
0 -1.125 TD
(and drug offenses. )Tj
(It instructs, "For this item, report information regardless)Tj
/Span<>> BDC
( )Tj
EMC
30.291 0 Td
(of whether the record in your case has been)Tj
-30.291 -1.125 Td
('sealed' or otherwise stricken from the record." )Tj
18.873 0 Td
(Applicant read the question before he answered it \(R. 35\). )Tj
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(Question 24)Tj
-42.309 -1.125 Td
(asks the following question,)Tj
/Span<>> BDC
( )Tj
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("Have you ever been charged with or convicted of any offense\(s\) relate\
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-11.471 -1.375 Td
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( )Tj
(Applicant )Tj
4.443 0 Td
(listed a driving while impaired offense occurring on March 5, 1995, but \
did not list his)Tj
/Span<>> BDC
( )Tj
EMC
34.882 0 Td
(1992)Tj
-43.957 -1.125 Td
(charge of marijuana possession. )Tj
13.024 0 Td
(Applicant explained that the 1995 DUI was actually a conviction for a ty\
pe of underage)Tj
-13.024 -1.125 Td
(drinking \( R. 36\). )Tj
(In his 2005 response to the SOR, Applicant stated)Tj
/Span<>> BDC
( )Tj
EMC
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(that his employer rushed him and he did not have)Tj
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12.801 0 Td
(Additionally, he believed the marijuana offense, which occurred when he \
was in high)Tj
-12.801 -1.125 Td
(school was expunged. )Tj
/TT1 1 Tf
(Id.)Tj
/TT0 1 Tf
( )Tj
(He believed that when a record was expunged, it is as though it never oc\
curred, and he did not)Tj
T*
(have to reflect this information on his security clearance application. \
)Tj
/TT1 1 Tf
27.684 0 Td
(Id.)Tj
/TT0 1 Tf
( At the time he signed his)Tj
/Span<>> BDC
( )Tj
EMC
11.554 0 Td
(2003 SF 86, he was)Tj
-39.238 -1.125 Td
(aware that it was a state charge, but he also read the word "expunged" a\
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/Span<>> BDC
( )Tj
EMC
22.298 0 Td
(state and federal rules that would have resulted in federal)Tj
-22.298 -1.125 Td
(expungement when the state conviction was expunged \(R. 40\). )Tj
25.354 0 Td
(Applicant's 2005 SF 86 for Question 24 includes the)Tj
-25.354 -1.375 Td
(information about the)Tj
/Span<>> BDC
( )Tj
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(1992 charge of marijuana possession.)Tj
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( I do not find his statements about believing he did not)Tj
-25.495 -1.125 Td
(have to include the information about the 1992 marijuana possession conv\
iction because it was)Tj
/Span<>> BDC
( )Tj
EMC
38.268 0 Td
(expunged to be credible.)Tj
-38.268 -2.125 Td
(Question 27 of Applicant's 2003 SF 86 asks about his illegal drug activi\
ty. )Tj
30.011 0 Td
(It asks, "Since the age of 16 or in the last 7)Tj
-30.011 -1.375 Td
(years, whichever is shorter, have you illegally used any controlled subs\
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/Span<>> BDC
( )Tj
EMC
31.102 0 Td
(for example, marijuana . . . ?")Tj
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( )Tj
(He)Tj
-44.562 -1.125 Td
(answered, "No." On April 19, 2004, at pages 2-3, Applicant stated during\
his DSS interview, "I smoked marijuana a)Tj
T*
(total of maybe 6 times only from)Tj
/Span<>> BDC
( )Tj
EMC
13.414 0 Td
(approximately the time I was about 15 years old until 1998/99. . . )Tj
26.384 0 Td
(I do not recall why I)Tj
-39.798 -1.125 Td
(reflected on my security form that I had not used any illegal substance.\
)Tj
28.602 0 Td
(I thought I had provided all of the)Tj
/Span<>> BDC
( )Tj
EMC
13.774 0 Td
(required)Tj
-42.376 -1.125 Td
(information and had no reason to omit information concerning my past use\
of marijuana." )Tj
36.205 0 Td
(Applicant's statement in his)Tj
-36.205 -1.125 Td
(DSS interview is specific, and it was made when he did not have a)Tj
/Span<>> BDC
( )Tj
EMC
26.855 0 Td
(motive to fabricate. )Tj
8.052 0 Td
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-34.907 -1.125 Td
(DSS statement to be more credible than his 2005 response to the SOR and \
his 2006 testimony at the hearing that his)Tj
T*
(marijuana use ended more than)Tj
/Span<>> BDC
( )Tj
EMC
12.745 0 Td
(seven years before he completed his 2003 SF 86.)Tj
-12.745 -2.125 Td
(When he made his 2004 statement to the DSS special agent, he read each p\
age, initialed each page, and signed it \(R. 42-)Tj
T*
(43\). )Tj
(The DSS special agent confronted Applicant with his arrests in 1992)Tj
/Span<>> BDC
( )Tj
EMC
29.521 0 Td
(and 1999, and then he admitted them \(R. 49-)Tj
-29.521 -1.125 Td
(51\). )Tj
(The DSS special agent gained rapport with Applicant by acting like he wa\
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42.864 0 Td
(They)Tj
-42.864 -1.125 Td
(discussing fishing. )Tj
(The DSS special)Tj
/Span<>> BDC
( )Tj
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(agent used his relationship with Applicant's stepfather to gain his trus\
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T*
(Then he caught Applicant off guard and Applicant admitted )Tj
24.187 0 Td
(marijuana use within the 7-year time limit in)Tj
/Span<>> BDC
( )Tj
EMC
18.106 0 Td
(Question 27)Tj
-42.293 -1.125 Td
(\(R. 52\). )Tj
(At his 2006 security clearance hearing, he said he was either confused a\
bout what he was doing and was off by)Tj
T*
(a year or so when he filled out his SF 86, or as he filled out his)Tj
/Span<>> BDC
( )Tj
EMC
25.329 0 Td
(SF 86 he answered "no" because the year of his last drug)Tj
-25.329 -1.125 Td
(use was 1996 \(R. 18-19\). )Tj
(He attributed the placement of the erroneous date in the DSS )Tj
34.88 0 Td
(statement to its being authored)Tj
-34.88 -1.125 Td
(by the DSS agent,)Tj
/Span<>> BDC
( )Tj
EMC
(rather than by himself \(R. 18, 27\). )Tj
21.357 0 Td
(He was adamant that his most recent marijuana use was outside the)Tj
-21.357 -1.125 Td
(7-year time limit \(at least 1996 or before\) \(R. 52\). )Tj
20.16 0 Td
(As indicated previously, I do not find his)Tj
/Span<>> BDC
( )Tj
EMC
16.637 0 Td
(2006 statement at his)Tj
-36.797 -1.125 Td
(hearing about his most recent marijuana use to be credible.)Tj
0 -2.375 TD
(For Question 27 of Applicant's 2005 SF 86, he answered, "No.")Tj
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( At his hearing on November 2, 2006, Applicant)Tj
-27.023 -1.125 Td
(insisted his 2005 SF 86 was accurate \(R. 45\). )Tj
18.303 0 Td
(The SOR does not allege that he)Tj
/Span<>> BDC
( )Tj
EMC
13.191 0 Td
(falsified his 2005 SF 86. )Tj
(I draw no)Tj
-31.495 -1.125 Td
(adverse inference against Applicant based on his response to Question 27\
on his 2005 SF 86.)Tj
0 -2.125 TD
(Applicant contended his employer caused his mistaken answers on his 2003\
SF 86 by rushing him to complete it \(R. 26,)Tj
0 -1.125 TD
(45-46\). )Tj
(He conceded his employer did not provide advice to him on how to)Tj
/Span<>> BDC
( )Tj
EMC
30.354 0 Td
(answer the questions \(R. 45\). )Tj
(He did not)Tj
-30.354 -1.125 Td
(receive advice from anyone about the security implications of the expung\
ement of his 1992 marijuana possession)Tj
T*
(conviction \(R. 46\).)Tj
0 -2.125 TD
(Several character references indicated Applicant was very helpful, respo\
nsive and diligent in his information technology)Tj
0 -1.125 TD
(assistance to the Department of Defense \(Exhibit A, at 1-2\). )Tj
24.214 0 Td
(He assisted in)Tj
/Span<>> BDC
( )Tj
EMC
(the recovery of lost data, and provided)Tj
-24.214 -1.125 Td
(outstanding customer support \(Exhibit A, at 5\). )Tj
19.136 0 Td
(In 2003, his employer lauded his hard work, and provided a pay raise)Tj
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(transcript was provided to me.)Tj
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(Department Counsel made a motion to amend the SOR to add subparagraph 1\(\
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0 -1.125 TD
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/Span<>> BDC
( )Tj
EMC
29.881 0 Td
(driving an uninsured vehicle, possession of)Tj
-29.881 -1.125 Td
(marijuana, and possession of drug paraphernalia \(R. 11\). )Tj
22.91 0 Td
(He pleaded guilty to possession of drug paraphernalia in)Tj
-22.91 -1.125 Td
(accordance with his plea agreement,)Tj
/Span<>> BDC
( )Tj
EMC
14.771 0 Td
(and the other charges were dismissed \(R. 11\). )Tj
18.495 0 Td
(Applicant did not object to the)Tj
-33.265 -1.125 Td
(amendment, instead he explained that he "came clean" during his Defense \
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(1999 offense \(R. 12\). )Tj
(I granted Department Counsel's motion to amend the SOR \(R. 12\).)Tj
0 -2.125 TD
(With the concurrence of the parties, I accepted Applicant's opening stat\
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(His opening)Tj
-40.775 -1.125 Td
(statement was consistent with his subsequent statement during his presen\
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(his case.)Tj
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( )Tj
(He contended that)Tj
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( )Tj
EMC
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(his erroneous answer to Question 24 was)Tj
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(based on his belief that he did not have to list this offense because it\
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(He also answered "No" in response)Tj
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(to Question 27, which pertained to)Tj
/Span<>> BDC
( )Tj
EMC
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(whether he illegally used drugs in the last seven years. )Tj
22.021 0 Td
(However, he asserted his)Tj
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(answer to Question 27 was accurate. )Tj
14.856 0 Td
(His admissions are incorporated herein as findings of fact. )Tj
23.549 0 Td
(After a complete)Tj
/Span<>> BDC
( )Tj
EMC
6.969 0 Td
(and)Tj
-45.374 -1.125 Td
(thorough review of the evidence of record, and upon due consideration of\
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0 -1.125 TD
(findings of fact:)Tj
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(Applicant is 31-years-old.)Tj
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(He was employed as a network administrator for a defense contractor.)Tj
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Q
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0 g
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( )Tj
(He was recently)Tj
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/Span<>> BDC
( )Tj
EMC
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(2002, he attended vocational school, and)Tj
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(obtained his MSFT Certification.)Tj
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Q
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0 g
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( )Tj
(Applicant has no prior military service.)Tj
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( \(8\))Tj
ET
q 1 0 0 1 380.7358 408 cm
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Q
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0 g
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( )Tj
(Applicant is not married.)Tj
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( \(9\))Tj
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/Span<>> BDC
( )Tj
EMC
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(2005 from Secret to Top Secret \(R. 34-35\).)Tj
-13.632 -2.125 Td
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0 -1.125 TD
(2003, SF 86. )Tj
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( )Tj
EMC
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(conviction, and a 2000 marijuana possession)Tj
-30.413 -1.125 Td
(charge. )Tj
(He admitted these charges and the 1992 marijuana possession conviction o\
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-36.599 -1.125 Td
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/Span<>> BDC
( )Tj
EMC
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S
Q
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0 g
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( )Tj
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/Span<>> BDC
( )Tj
EMC
7.859 0 Td
(and was sentenced to perform 24 hours of)Tj
-31.352 -1.125 Td
(community service \(R. 38\). )Tj
11.22 0 Td
(He was also required to provide a urine sample for testing every week fo\
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33.239 0 Td
(After he)Tj
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/Span<>> BDC
( )Tj
EMC
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(and urinalysis testing, his record was expunged.)Tj
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(In 2000,)Tj
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0 g
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( Applicant was arrested for possession of marijuana and possession of dr\
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(Exhibit 2)Tj
/TT2 1 Tf
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(, )Tj
/TT0 1 Tf
(at 4. )Tj
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/Span<>> BDC
( )Tj
EMC
27.13 0 Td
(pleaded guilty to possession of drug)Tj
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(paraphernalia \()Tj
/TT2 1 Tf
6.024 0 Td
(Id.)Tj
/TT0 1 Tf
(; R. 49\). )Tj
(At his hearing on November 2, 2006, he said he met someone in a bar, and\
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-6.024 -1.125 Td
(a ride home \(R. 53\). )Tj
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/Span<>> BDC
( )Tj
EMC
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37.355 0 Td
(The police found the)Tj
-37.355 -1.125 Td
(marijuana and marijuana paraphernalia under the passenger's seat in his \
car \(R. 53\). )Tj
33.695 0 Td
(His passenger was not charged \(R.)Tj
-33.695 -1.375 Td
(53\). )Tj
(The possession of marijuana charge was dismissed,)Tj
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( and he paid a)Tj
/Span<>> BDC
( )Tj
EMC
5.803 0 Td
($100 fine for possession of drug)Tj
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9.024 0 Td
(Applicant's response to Question 26 of his 2003 SF 86 indicates that in \
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/Span<>> BDC
( )Tj
EMC
17.255 0 Td
(\(Exhibit 1, at 9\). )Tj
6.832 0 Td
(He did not list the 2000 possession of marijuana charge on)Tj
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43.657 0 Td
(He had)Tj
-43.657 -1.125 Td
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0 -1.125 TD
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(He read the question, but ascribed his inaccurate answer)Tj
/Span<>> BDC
( )Tj
EMC
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(See)Tj
/TT0 1 Tf
( Exhibit 2, at 4. )Tj
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/Span<>> BDC
( )Tj
EMC
16.275 0 Td
(for his 2004 DSS statement about his marijuana involvement continuing in\
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