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(Marijuana free since 1977, Applicant took a puff from a "joint" of marij\
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ET
Q
BT
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12 0 0 12 16 741.75 Tm
(December 1994.)Tj
0 -2.375 TD
(Applicant's relationship with a significant other suffered, in part, bec\
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(Following an argument with his girlfriend)Tj
/Span<>> BDC
( )Tj
EMC
(on November 8, 1994, Applicant was arrested for domestic assault. )Tj
44.185 0 Td
(Both he)Tj
-44.185 -1.125 Td
(and his girlfriend had been drinking that evening. )Tj
20.022 0 Td
(He filed a nolo contendere plea)Tj
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( )Tj
EMC
(to the charge and the case was filed by)Tj
-20.022 -1.125 Td
(the court on payment of costs and participation in counseling. )Tj
24.911 0 Td
(Depressed and anxious and unable to stop using drugs,)Tj
-24.911 -1.125 Td
(Applicant sought admission on January 16, 1995, to a psychiatric institu\
te \(treatment facility B\) where he was diagnosed)Tj
0 -1.125 TD
(by a credentialed medical professional)Tj
/Span<>> BDC
( )Tj
EMC
(as suffering from, on Axis I, major depression, opioid dependence, alcoh\
ol)Tj
T*
(dependence, and on Axis II, personality disorder. )Tj
19.938 0 Td
(Psychiatrically, his depression)Tj
/Span<>> BDC
( )Tj
EMC
(stabilized significantly during his)Tj
-19.938 -1.125 Td
(hospitalization and on January 23, 1995, he was discharged, condition im\
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T*
(pursue)Tj
/Span<>> BDC
( )Tj
EMC
(substance abuse rehabilitation at another facility \(treatment facility \
C\).)Tj
0 -2.125 TD
(On January 25, 1995, Applicant was admitted to the daily outpatient prog\
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0 -1.125 TD
(alcohol and prescription drug dependence. )Tj
17.216 0 Td
(Following an evaluation by a staff psychiatrist, Applicant was diagnosed\
as)Tj
-17.216 -1.125 Td
(also suffering from attention deficit hyperactivity disorder for which h\
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/Span<>> BDC
( )Tj
EMC
(prescribed Prozac and Buspar. )Tj
43.042 0 Td
(During the)Tj
-43.042 -1.125 Td
(program, Applicant was advised he should stop using any illegal drugs, t\
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36.575 0 Td
(Applicant attended)Tj
/Span<>> BDC
( )Tj
EMC
(lectures)Tj
-36.575 -1.125 Td
(and small group sessions specific to the dynamics of substance abuse whe\
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T*
(and he received valuable)Tj
/Span<>> BDC
( )Tj
EMC
(feedback from peers. )Tj
18.823 0 Td
(Applicant was extremely reluctant to attend AA or Narcotics Anonymous)Tj
-18.823 -1.125 Td
(\(NA\) meetings in the evenings and while he went to some step)Tj
/Span<>> BDC
( )Tj
EMC
(meetings, he exhibited passive resistance and did not)Tj
T*
(obtain a sponsor. )Tj
(Unwilling to develop sobriety and an aftercare plan conducive to recover\
y, Applicant)Tj
/Span<>> BDC
( )Tj
EMC
(was)Tj
T*
(administratively discharged on February 9, 1995, due to his failure to a\
ttend several sessions and his refusal to)Tj
0 -1.375 TD
(participate in the evening aftercare program. )Tj
18.019 0 Td
(His prognosis was assessed as extremely poor.)Tj
0 0 0.933 rg
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ET
q 1 0 0 1 455.8516 459 cm
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S
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BT
0 g
12 0 0 12 16 429.75 Tm
(Applicant terminated his relationship with his girlfriend the week after\
his discharge and he got his own place.)Tj
0 -2.125 TD
(Shortly after his discharge, Applicant had a couple of drinks while soci\
alizing with friends and he "caught a glow.")Tj
0 -1.125 TD
(Applicant has continued to consume)Tj
/Span<>> BDC
( )Tj
EMC
(alcohol on occasion since to January 1997, in quantities of up to three \
mixed)Tj
T*
(drinks. )Tj
(He attended some AA meetings after his discharge but has not been to AA)Tj
/Span<>> BDC
( )Tj
EMC
(since mid 1995 as he found them)Tj
T*
(stressful and preferred to stay home after work.)Tj
0 -2.125 TD
(Applicant was requested by his employer to complete a National Agency Qu\
estionnaire. )Tj
35.573 0 Td
(On August 2, 1995, he reported)Tj
-35.573 -1.125 Td
(to the security office where he was)Tj
/Span<>> BDC
( )Tj
EMC
(asked questions by a secretary who in turn entered his responses into th\
e computer.)Tj
0 -1.125 TD
(In response to inquiry concerning illicit drug abuse \(question 23\), Ap\
plicant)Tj
/Span<>> BDC
( )Tj
EMC
(admitted use of marijuana once per week)Tj
T*
(from July 1975 to 1977 and cocaine twice only )Tj
19.079 0 Td
(in July 1980. )Tj
(He responded negatively to question 24 concerning any)Tj
-19.079 -1.125 Td
(purchase, manufacture, trafficking, production or sale of any narcotic, \
depressant, stimulant, hallucinogen, or cannabis.)Tj
T*
(Applicant admitted his abuse of)Tj
/Span<>> BDC
( )Tj
EMC
(prescription drugs codeine, Percodan and Tranxene by taking more than me\
dically)Tj
T*
(indicated. )Tj
4.165 0 Td
(He listed his treatment for alcohol abuse during the)Tj
/Span<>> BDC
( )Tj
EMC
(January/February 1995 time frame. )Tj
35.101 0 Td
(Applicant deliberately)Tj
-39.266 -1.125 Td
(misrepresented the extent of his cocaine abuse and did not report his De\
cember 1994 involvement)Tj
/Span<>> BDC
( )Tj
EMC
(with marijuana)Tj
T*
(because he did not want )Tj
9.858 0 Td
(the others in the room to overhear details concerning his abuse of illeg\
al drugs. )Tj
31.852 0 Td
(Applicant)Tj
-41.71 -1.125 Td
(responded negatively to)Tj
/Span<>> BDC
( )Tj
EMC
(question 24 because it covered illicit drug activities in addition to pu\
rchase and he had not been)Tj
T*
(involved in trafficking, sale, production or manufacture.)Tj
0 -2.125 TD
(Although Applicant had established his own residence, he continued to ha\
ve his mail delivered to his mother's home. )Tj
47.059 0 Td
(On)Tj
-47.059 -1.125 Td
(March 30, 1996, Applicant physically)Tj
/Span<>> BDC
( )Tj
EMC
(struck his stepfather in the eye when the latter came over to Applicant'\
s house and)Tj
0 -1.125 TD
(informed Applicant that he was no longer willing to accept Applicant's m\
ail)Tj
/Span<>> BDC
( )Tj
EMC
(at his residence. )Tj
37.281 0 Td
(The police were contacted)Tj
-37.281 -1.125 Td
(when the stepfather went to the emergency room for treatment and Applica\
nt was arrested for domestic assault.)Tj
T*
(Applicant pleaded not guilty to the offense and the case was transferred\
to superior court on May 10, 1996. )Tj
43.071 0 Td
(Following)Tj
-43.071 -1.125 Td
(the incident, Applicant had some alcohol)Tj
/Span<>> BDC
( )Tj
EMC
(to drink as he was upset.)Tj
0 -2.125 TD
(On May 9, 1996, Applicant was interviewed by a Special Agent of the Defe\
nse Investigative Service \(DIS\). )Tj
43.376 0 Td
(Applicant)Tj
-43.376 -1.125 Td
(was largely forthcoming about his)Tj
/Span<>> BDC
( )Tj
EMC
(alcohol abuse and criminal record history. )Tj
30.991 0 Td
(Concerning his involvement with illegal)Tj
-30.991 -1.125 Td
(drugs, Applicant submits he was forthright with the Agent once given the\
)Tj
/Span<>> BDC
( )Tj
EMC
(opportunity in private to respond to the)Tj
0 -1.125 TD
(matters addressed on the NAQ. )Tj
12.774 0 Td
(Applicant indicated that he last used cocaine at a Christmas party in De\
cember 1994,)Tj
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(96-0788.h1)Tj
EMC
/Artifact <>BDC
0 -86 TD
(file:///usr.osd.mil/)Tj
7.166 0 Td
(...)Tj
(yComputer/Desktop/DOHA%20transfer/DOHA-Kane/dodogc/doha/industrial/Archi\
ved%20-%20HTML/96-0788.h1.html)Tj
49.796 0 Td
([7/2/2021 3:59:38 PM])Tj
EMC
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10 36 592 730 re
W n
BT
0 g
12 0 0 12 16 753 Tm
(After a thorough review of the evidence in the record, and upon due cons\
ideration of same, this Administrative Judge)Tj
ET
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BT
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12 0 0 12 16 739.5 Tm
(renders the following findings of fact:)Tj
0 -2.125 TD
(Applicant is a 38 year old ------------ who has worked for his current e\
mployer \(company A\) since April 17, 1989. )Tj
45.763 0 Td
(He)Tj
-45.763 -1.125 Td
(seeks to retain a Confidential security)Tj
/Span<>> BDC
( )Tj
EMC
(clearance which was granted to him on his commencement of that employ.)Tj
T*
(Applicant first consumed alcohol at age sixteen \(circa 1974\). )Tj
24.603 0 Td
(He was also introduced to illegal drugs in high school.)Tj
-24.603 -1.125 Td
(Between 1975 and 1977, Applicant)Tj
/Span<>> BDC
( )Tj
EMC
(smoked marijuana with his friends on an average of once every two days,)Tj
0 -1.125 TD
(purchasing the drug on approximately two occasions for his personal cons\
umption. )Tj
33.493 0 Td
(On two occasions in July 1980,)Tj
-33.493 -1.125 Td
(Applicant used cocaine.)Tj
0 -2.125 TD
(Although he continued to consume alcohol after high school, his drinking\
did not pose a problem until 1986. )Tj
43.715 0 Td
(Arrested)Tj
-43.715 -1.125 Td
(on June 4, 1983, for reveling, for which)Tj
/Span<>> BDC
( )Tj
EMC
(he was fined $28.50, there is no evidence that Applicant was under the)Tj
0 -1.125 TD
(influence of alcohol at the time. )Tj
12.967 0 Td
(Sometime in 1986, he was )Tj
10.832 0 Td
(arrested for driving while)Tj
/Span<>> BDC
( )Tj
EMC
(intoxicated \(DWI\). )Tj
18.299 0 Td
(After drinking)Tj
-42.098 -1.125 Td
(a few mixed drinks at a local bar, Applicant was stopped while en route \
to breakfast. )Tj
34.1 0 Td
(Applicant was permitted to enroll)Tj
-34.1 -1.125 Td
(in a)Tj
/Span<>> BDC
( )Tj
EMC
(pre-trial alcohol education program which he attended for eight to ten w\
eeks.)Tj
0 -2.125 TD
(Circa 1987, Applicant and his spouse separated due to marital problems. \
)Tj
29.243 0 Td
(On February 27, 1987, Applicant went to his)Tj
-29.243 -1.125 Td
(spouse's residence where he became)Tj
/Span<>> BDC
( )Tj
EMC
(involved in a physical altercation with his spouse's boyfriend. )Tj
39.654 0 Td
(In addition to being)Tj
-39.654 -1.125 Td
(arrested for assault on the boyfriend, Applicant was charged with malici\
ous)Tj
/Span<>> BDC
( )Tj
EMC
(damage for kicking the door of the)Tj
0 -1.125 TD
(boyfriend's automobile. )Tj
9.706 0 Td
(Convicted of both charges, he was sentenced to pay a $23.50 fine for ass\
ault, $400.00)Tj
-9.706 -1.125 Td
(restitution)Tj
/Span<>> BDC
( )Tj
EMC
(plus costs for malicious destruction, and placed on six months unsupervi\
sed probation on both counts.)Tj
0 -2.125 TD
(Applicant dealt with the dissolution of his marriage by going out drinki\
ng almost every night where he consumed on)Tj
0 -1.125 TD
(average three or four mixed drinks. )Tj
14.355 0 Td
(After)Tj
/Span<>> BDC
( )Tj
EMC
(drinking five or six mixed drinks at a local bar on or about April 4, 19\
87,)Tj
-14.355 -1.125 Td
(Applicant was stopped en route home and arrested for DWI after he failed\
the)Tj
/Span<>> BDC
( )Tj
EMC
(breathalyser. )Tj
36.763 0 Td
(He pleaded guilty and was)Tj
-36.763 -1.125 Td
(fined $578.00, sentenced to thirty days in jail, execution suspended aft\
er two days served in a correctional center, and)Tj
/Span<>> BDC
( )Tj
EMC
(he)Tj
T*
(was placed on one year supervised probation. )Tj
18.438 0 Td
(Advised by his probation officer to attend Alcoholics Anonymous \(AA\),)Tj
-18.438 -1.125 Td
(Applicant recalls going to AA for one)Tj
/Span<>> BDC
( )Tj
EMC
(month. )Tj
18.468 0 Td
(Prescribed the tranquilizer Tranxene to help him in coping with the)Tj
-18.468 -1.125 Td
(dissolution of his marriage, Applicant abused the drug by taking higher \
doses than)Tj
/Span<>> BDC
( )Tj
EMC
(prescribed.)Tj
0 -2.125 TD
(Also in 1987, Applicant began to use cocaine with friends at parties. )Tj
27.604 0 Td
(Between 1987 and December 1994, Applicant)Tj
-27.604 -1.125 Td
(snorted cocaine on approximately fifty)Tj
/Span<>> BDC
( )Tj
EMC
(occasions and injected it once as it was the "socially acceptable thing \
to do." )Tj
46.579 0 Td
(He)Tj
-46.579 -1.125 Td
(chipped in anywhere from ten to fifty dollars for the cocaine that he sn\
orted)Tj
/Span<>> BDC
( )Tj
EMC
(with his friends.)Tj
T*
(Following his divorce in about 1988, Applicant became involved with a ma\
rried woman. )Tj
35.798 0 Td
(On April 23, 1988, Applicant)Tj
-35.798 -1.125 Td
(went to his girlfriend's home where the)Tj
/Span<>> BDC
( )Tj
EMC
(door was answered by her husband who became upset on finding Applicant)Tj
0 -1.125 TD
(there. )Tj
2.499 0 Td
(When Applicant returned later that evening, he was observed by the husba\
nd)Tj
/Span<>> BDC
( )Tj
EMC
(who called the police. )Tj
40.042 0 Td
(Applicant was)Tj
-42.541 -1.125 Td
(arrested for trespassing for which he was fined $25.00 plus court costs.\
)Tj
28.66 0 Td
(On October 15, 1992, this woman filed a)Tj
-28.66 -1.125 Td
(complaint charging Applicant with harassment for following her around an\
d making prank phone calls. )Tj
41.572 0 Td
(Applicant was)Tj
-41.572 -1.125 Td
(arrested on November 30, 1992, on an)Tj
/Span<>> BDC
( )Tj
EMC
(outstanding warrant for the crime of stalking. )Tj
33.963 0 Td
(In court he pleaded guilty to an)Tj
-33.963 -1.125 Td
(amended charge of disorderly conduct and was sentenced to pay a $108.50 \
fine,)Tj
/Span<>> BDC
( )Tj
EMC
(to attend counseling and six months)Tj
T*
(probation.)Tj
0 -2.125 TD
(Over the period 1988 to 1992, Applicant limited his consumption of alcoh\
ol to weekends, imbibing on average three or)Tj
0 -1.125 TD
(four mixed drinks over the course of)Tj
/Span<>> BDC
( )Tj
EMC
(Friday evenings. )Tj
21.772 0 Td
(In 1992, his drinking increased to the point where he was)Tj
-21.772 -1.125 Td
(consuming a pint of vodka per day. )Tj
14.386 0 Td
(He continued to imbibe alcohol on a daily basis)Tj
/Span<>> BDC
( )Tj
EMC
(until January 1995, in quantities)Tj
-14.386 -1.125 Td
(ranging from a half pint to as much as two quarts of vodka per day.)Tj
0 -2.125 TD
(In about July 1993, Applicant was prescribed Percodan for pain after he \
broke his back, which on occasion he took a)Tj
0 -1.125 TD
(higher dose than medically indicated. )Tj
15.217 0 Td
(When his prescription ran out, he accepted Percodan on the average of on\
ce or)Tj
-15.217 -1.125 Td
(twice per month from another person until January 1995, on occasion comb\
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/Span<>> BDC
( )Tj
EMC
(the use of alcohol and Percodan. )Tj
45.821 0 Td
(Also)Tj
-45.821 -1.125 Td
(during the July 1993/January 1995 time frame, Applicant )Tj
23.189 0 Td
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-23.189 -1.125 Td
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(not a head of a household \(as defined in)Tj
/Span<>> BDC
( )Tj
EMC
(section 2\(b\)\), and for the taxable year has gross income of less than\
the sum of)Tj
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(the exemption amount plus the basic standard deduction applicable to suc\
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/Span<>> BDC
( )Tj
EMC
(individual,)Tj
0 -2.125 TD
(\(ii\) who is head of a household \(as so defined\) and for the taxable \
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0 -1.125 TD
(exemption amount plus the basic standard)Tj
/Span<>> BDC
( )Tj
EMC
(deduction applicable to such an individual,)Tj
0 -2.125 TD
(\(iii\) who is a surviving spouse \(as so defined\) and for the taxable \
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0 -1.125 TD
(exemption amount plus the basic standard)Tj
/Span<>> BDC
( )Tj
EMC
(deduction applicable to such an individual, or)Tj
0 -2.125 TD
(\(iv\) who is entitled to make a joint return and whose gross income, wh\
en combined with the gross income of his spouse,)Tj
0 -1.125 TD
(is, for the taxable year, less than the)Tj
/Span<>> BDC
( )Tj
EMC
(sum of twice the exemption amount plus the basic standard deduction appl\
icable to)Tj
T*
(a joint return, but only if such individual and his spouse, at the close\
of the)Tj
/Span<>> BDC
( )Tj
EMC
(taxable year, had the same household as their)Tj
T*
(home.)Tj
0 -2.125 TD
(Clause \(iv\) shall not apply if for the taxable year such spouse makes \
a separate return or any other taxpayer is entitled to)Tj
0 -1.125 TD
(an exemption for such spouse under)Tj
/Span<>> BDC
( )Tj
EMC
(section 151\(c\).)Tj
0 -2.125 TD
(9. )Tj
(Pertinent portions of \2477203 of Title 26, United States Code are as fo\
llows: )Tj
30.995 0 Td
("Any person required under this title to. .)Tj
-30.995 -1.125 Td
(.make a return, keep any records, or)Tj
/Span<>> BDC
( )Tj
EMC
(supply any information, who willfully fails to. . .make such return, kee\
p such)Tj
0 -1.125 TD
(records or supply )Tj
(such information, at the time or times required by law or)Tj
/Span<>> BDC
( )Tj
EMC
(regulations, shall, in addition to other)Tj
T*
(penalties provided by law, be guilty of a misdemeanor and upon convictio\
n thereof, shall be fined not more than)Tj
T*
($25,000.)Tj
/Span<>> BDC
( )Tj
EMC
(. .or imprisoned more than 1 year, or both, together with the costs of p\
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(1. )Tj
(Medical records reflect Applicant had assaulted his girlfriend three tim\
es within the year and a half prior to his)Tj
ET
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0 g
12 0 0 12 16 741.75 Tm
(admission on January 16, 1995.)Tj
0 -2.125 TD
(2. )Tj
(Applicant submits that he left the program because he was uncomfortable,\
claiming that the facility took all the)Tj
0 -1.125 TD
(homeless off the streets in order to keep them)Tj
/Span<>> BDC
( )Tj
EMC
(warm. )Tj
21.244 0 Td
(\(Tr. pp. 32, 72\). )Tj
(Applicant's failure to pursue treatment in another)Tj
-21.244 -1.125 Td
(program supports the facility's assessment that he was only minimally en\
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/Span<>> BDC
( )Tj
EMC
(the recovery effort.)Tj
0 -2.125 TD
(3. )Tj
(Asked on cross-examination when he last used cocaine, Applicant testifie\
d, "That's a hard question. )Tj
41.105 0 Td
(It was one time)Tj
-41.105 -1.125 Td
(after I got out of rehab and I don't)Tj
/Span<>> BDC
( )Tj
EMC
(remember the date. )Tj
21.699 0 Td
(I cannot tell you. )Tj
7.026 0 Td
(And I've been clean since." )Tj
11.139 0 Td
(\(Tr. p. 94\). )Tj
(With)Tj
-39.864 -1.125 Td
(respect to his Percodan use, Applicant indicated that the last time he u\
sed)Tj
/Span<>> BDC
( )Tj
EMC
(the drug it was right after he got out of rehab)Tj
0 -1.125 TD
(when he was feeling ill. )Tj
9.775 0 Td
(\(Tr. p. 96\). )Tj
(In light of his prior admission of August 2, 1996, to use of cocaine thr\
ee or)Tj
/Span<>> BDC
( )Tj
EMC
(four)Tj
-9.775 -1.125 Td
(times after his rehabilitation treatment, and to use of Percodan in June\
1996, his testimony at the hearing on this issue is)Tj
T*
(viewed as not credible.)Tj
0 -2.125 TD
(4. )Tj
(Asked whether the person with whom he had used cocaine in June 1996 had \
offered him cocaine since, Applicant)Tj
0 -1.125 TD
(testified, "I would say I've been around it,)Tj
/Span<>> BDC
( )Tj
EMC
(but I haven't done it and I'm staying away from it. . .Well, basically, \
this)Tj
T*
(summer we had a gathering and I said, I can't do it. )Tj
20.674 0 Td
(There's no way I could do that)Tj
/Span<>> BDC
( )Tj
EMC
(stuff. )Tj
14.704 0 Td
(I said, I'm on a random drug)Tj
-35.378 -1.125 Td
(test right now and I'm not gonna get caught and lose my job." )Tj
24.862 0 Td
(\(Tr. p. 95\). )Tj
(In response to this Judge's questions,)Tj
-24.862 -1.125 Td
(Applicant)Tj
/Span<>> BDC
( )Tj
EMC
(testified the last time he was around anyone using cocaine was summer 19\
95 at a baseball game. )Tj
43.07 0 Td
(\(Tr. pp. 124-)Tj
-43.07 -1.125 Td
(25\). )Tj
(This variance in testimony further)Tj
/Span<>> BDC
( )Tj
EMC
(negatively impacts his credibility.)Tj
0 -2.125 TD
(5. )Tj
(According to Government Exhibit 16, the obligation commenced in April 19\
87. Through November 1996, the)Tj
0 -1.125 TD
(aggregate amount of Applicant's obligation \($60.00 per week at 500 week\
s\) was approximately $30,000.00. He)Tj
T*
(maintains he paid the state directly through an automatic deduction. Ini\
tially, he testified that he paid the state for)Tj
T*
(probably five years before he stopped. \(Tr. pp. 114-16\). Applicant sub\
sequently testified that he paid the state "maybe)Tj
T*
(one, two--about--well, maybe three years," and then his son came to live\
with him. \(Tr. p. 136\). By the state's)Tj
T*
(accounting, Applicant owes some $24,571.00, which would mean that he had\
paid on the obligation for less than two)Tj
T*
(years. Applicant disputes the amount of the debt, claiming that once his\
son came to live with)Tj
/Span<>> BDC
( )Tj
EMC
(him, his ex-spouse)Tj
T*
(suspended the obligation. )Tj
10.443 0 Td
(He testified he gave about $4,000.00 to his spouse in cash instead and t\
hat apparently she was)Tj
-10.443 -1.125 Td
("double-dipping")Tj
/Span<>> BDC
( )Tj
EMC
(by also collecting from the state. )Tj
20.479 0 Td
(\(Tr. pp. 74-75\). )Tj
(Although he indicates he has receipts for the)Tj
-20.479 -1.125 Td
(payments made to his ex-spouse, he did not present them at the)Tj
/Span<>> BDC
( )Tj
EMC
(hearing. )Tj
29.021 0 Td
(Even assuming he had paid her $4,000.00, that)Tj
-29.021 -1.125 Td
(would not be sufficient to cover the extent of his child support obligat\
ion. )Tj
29.716 0 Td
(It is noted that Applicant's)Tj
/Span<>> BDC
( )Tj
EMC
(fourteen year old)Tj
-29.716 -1.125 Td
(son has not lived continuously with Applicant for the last five years as\
he initially claimed. )Tj
36.631 0 Td
(\(See Tr. pp. 113, 117\). )Tj
(There)Tj
-36.631 -1.125 Td
(is also no evidence)Tj
/Span<>> BDC
( )Tj
EMC
(that Applicant's spouse took any action )Tj
23.73 0 Td
(in court to decrease or eliminate the child support obligation.)Tj
-23.73 -2.125 Td
(6. )Tj
(Applicant was not specific as to the dates on which he used cocaine othe\
r than his last use which he indicated)Tj
T*
(occurred some two months prior to the August)Tj
/Span<>> BDC
( )Tj
EMC
(1996 interview. )Tj
25.412 0 Td
(Applicant admitted allegation 3.c.\(1\) which indicates)Tj
-25.412 -1.125 Td
(abuse of cocaine from 1980 to at least May 1996. )Tj
20.022 0 Td
(It is reasonable to infer that Applicant)Tj
/Span<>> BDC
( )Tj
EMC
(abused cocaine on at least one)Tj
-20.022 -1.125 Td
(occasion between February 1995 and his earlier interview in May 1996. )Tj
28.991 0 Td
(His claim that he was mistaken about the dates)Tj
-28.991 -1.125 Td
(of his)Tj
/Span<>> BDC
( )Tj
EMC
(cocaine abuse is not viewed as credible. )Tj
18.716 0 Td
(Clearly, Applicant sought to mislead the investigator in May 1996. )Tj
26.996 0 Td
(His)Tj
-45.711 -1.125 Td
(signed, sworn statement of that date leaves one)Tj
/Span<>> BDC
( )Tj
EMC
(with the impression that he stopped using drugs in December 1994 prior)Tj
T*
(to his treatment.)Tj
0 -2.125 TD
(7. )Tj
(18 U.S.C. \2471001 provides in pertinent part: )Tj
18.554 0 Td
("Whoever, in any matter within the jurisdiction of any department or)Tj
-18.554 -1.125 Td
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/Span<>> BDC
( )Tj
EMC
(willfully falsifies, conceals or covers up a. . .material fact. . .shall\
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0 -1.125 TD
(not more than $10,000 or imprisoned not more than five years, or both.")Tj
0 -2.125 TD
(8. )Tj
(Pursuant to Title 26, Section 6012 of the United States Code:)Tj
T*
(\(a\) General rule--Returns with respect to income taxes under subtitle \
A shall be made by the following:)Tj
T*
(\(1\)\(A\) Every individual having for the taxable year gross income whi\
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0 -1.125 TD
(except that a return shall not be required of an)Tj
/Span<>> BDC
( )Tj
EMC
(individual--)Tj
0 -2.125 TD
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7.775 0 Td
(Against the Applicant)Tj
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(Subparagraph 2.b.: )Tj
7.832 0 Td
(Against the Applicant)Tj
-7.832 -2.125 Td
(Subparagraph 2.c.: )Tj
7.775 0 Td
(Against the Applicant)Tj
-7.775 -2.125 Td
(Subparagraph 2.d.: )Tj
7.832 0 Td
(Against the Applicant)Tj
-7.832 -2.125 Td
(Subparagraph 2.e.: )Tj
7.775 0 Td
(Against the Applicant)Tj
-7.775 -2.125 Td
(Subparagraph 2.f.: )Tj
(Against the Applicant)Tj
0 -2.125 TD
(Paragraph 3. Criterion E: )Tj
10.303 0 Td
(AGAINST THE APPLICANT)Tj
-10.303 -2.125 Td
(Subparagraph 3.a.\(1\): )Tj
8.941 0 Td
(Against the Applicant)Tj
-8.941 -2.125 Td
(Subparagraph 3.a.\(2\): )Tj
8.941 0 Td
(Against the Applicant)Tj
-8.941 -2.125 Td
(Subparagraph 3.b.\(1\): )Tj
(For the Applicant)Tj
T*
(Subparagraph 3.b.\(2\): )Tj
(For the Applicant)Tj
T*
(Subparagraph 3.c.\(1\): )Tj
8.941 0 Td
(Against the Applicant)Tj
-8.941 -2.125 Td
(Paragraph 4. Criterion J: )Tj
10.081 0 Td
(AGAINST THE APPLICANT)Tj
-10.081 -2.125 Td
(Subparagraph 4.a.: )Tj
7.775 0 Td
(Against the Applicant)Tj
-7.775 -2.125 Td
(Subparagraph 4.b.: )Tj
7.832 0 Td
(Against the Applicant)Tj
-7.832 -2.125 Td
(Subparagraph 4.c.: )Tj
7.775 0 Td
(Against the Applicant)Tj
-7.775 -2.125 Td
(Subparagraph 4.d.: )Tj
7.832 0 Td
(Against the Applicant)Tj
-7.832 -2.125 Td
(Subparagraph 4.e.: )Tj
7.775 0 Td
(Against the Applicant)Tj
-7.775 -2.125 Td
(Subparagraph 4.f.: )Tj
(For the Applicant)Tj
T*
(Subparagraph 4.g.: )Tj
7.832 0 Td
(For the Applicant)Tj
-7.832 -2.125 Td
(Subparagraph 4.h.: )Tj
7.832 0 Td
(Against the Applicant)Tj
-7.832 -2.125 Td
(Subparagraph 4.i.: )Tj
7.609 0 Td
(For the Applicant)Tj
-7.609 -2.125 Td
(Paragraph 5. Criterion F: )Tj
10.248 0 Td
(AGAINST THE APPLICANT)Tj
-10.248 -2.125 Td
(Subparagraph 5.a.: )Tj
7.775 0 Td
(Against the Applicant)Tj
/TT1 1 Tf
-7.775 -2.125 Td
(DECISION)Tj
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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)Tj
/Span<>> BDC
( )Tj
EMC
(for Applicant.)Tj
/TT1 1 Tf
0 -2.125 TD
(Elizabeth M. Matchinski)Tj
T*
(Administrative Judge)Tj
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(yComputer/Desktop/DOHA%20transfer/DOHA-Kane/dodogc/doha/industrial/Archi\
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49.796 0 Td
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(those of his obligations. )Tj
9.805 0 Td
(To date, Applicant had not yet filed his income tax)Tj
/Span<>> BDC
( )Tj
EMC
(returns. )Tj
23.854 0 Td
(At the hearing, he provided)Tj
ET
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(accounts of his recent drug use which are at variance with his prior swo\
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0 -1.125 TD
(whether)Tj
/Span<>> BDC
( )Tj
EMC
(one can rely on Applicant's representations. )Tj
21.173 0 Td
(Due to the absence of rehabilitation, subparagraphs 4.a., 4.b. and)Tj
-21.173 -1.125 Td
(4.c. under criterion J are resolved against him.)Tj
0 -2.125 TD
(At the hearing, the Government presented evidence to substantiate Applic\
ant's current indebtedness to the state for)Tj
0 -1.125 TD
(unpaid child support in the amount of)Tj
/Span<>> BDC
( )Tj
EMC
($24,571.00. )Tj
20.303 0 Td
(Applicant admits receiving written correspondence every week from)Tj
-20.303 -1.125 Td
(state authorities reflecting a substantial delinquency, although he clai\
ms he)Tj
/Span<>> BDC
( )Tj
EMC
(does not owe the amount since he had paid)Tj
T*
(his ex-spouse some $4,000.00 in cash. )Tj
15.582 0 Td
(Assuming Applicant had paid her that amount directly, that would not be)Tj
-15.582 -1.125 Td
(sufficient to fulfill his legal obligation which is ongoing since his ex\
-spouse has taken no action through the court to)Tj
T*
(have the child support reduced or)Tj
/Span<>> BDC
( )Tj
EMC
(eliminated. )Tj
18.327 0 Td
(Applicant's failure to pay his court-mandated child support since about)Tj
-18.327 -1.125 Td
(1989 falls within criterion F, specifically DC 1. under the Adjudicative\
)Tj
/Span<>> BDC
( )Tj
EMC
(Guidelines pertaining to financial)Tj
T*
(considerations. )Tj
6.276 0 Td
(Moreover, Applicant testified that he was apprised by the state sometime\
last year of the steps to take to)Tj
-6.276 -1.125 Td
(challenge the ongoing obligation. )Tj
13.636 0 Td
(Applicant claims that he was advised by his lawyer that there was no gua\
rantee that)Tj
-13.636 -1.125 Td
(the court would find that he did not owe)Tj
/Span<>> BDC
( )Tj
EMC
(the money. )Tj
20.996 0 Td
(Applicant did not want to pay the lawyer the retainer fee of)Tj
-20.996 -1.125 Td
($1,000.00 and take the chance that he might be adjudged responsible for \
the debt. )Tj
32.907 0 Td
(Although Applicant admits he is)Tj
-32.907 -1.125 Td
(going to have to settle the matter someday, he acknowledges that he is "\
running from [his] responsibility." )Tj
42.779 0 Td
(\(Tr. p. 74\).)Tj
-42.779 -1.125 Td
(DC 3.)Tj
/Span<>> BDC
( )Tj
EMC
(\(inability or unwillingness to satisfy debts\) must be considered becau\
se of Applicant's deliberate inaction with)Tj
T*
(respect to his child support obligation )Tj
15.331 0 Td
(to settle)Tj
/Span<>> BDC
( )Tj
EMC
(the matter. )Tj
7.914 0 Td
(None of the six potentially mitigating conditions work to his)Tj
-23.245 -1.125 Td
(benefit. )Tj
3.276 0 Td
(While there is no evidence that Applicant has disregarded his other legi\
timate)Tj
/Span<>> BDC
( )Tj
EMC
(financial obligations, concerns)Tj
-3.276 -1.125 Td
(persist due to the nature of the debt \(support for his minor children\)\
, the extent \($24,571.00\), )Tj
37.324 0 Td
(and the fact he has not)Tj
-37.324 -1.125 Td
(followed)Tj
/Span<>> BDC
( )Tj
EMC
(through on steps to resolve the matter. )Tj
19.357 0 Td
(Subparagraph 5.a. is found against Applicant due to his irresponsible)Tj
-19.357 -1.125 Td
(handling of this matter since 1989.)Tj
/TT1 1 Tf
0 -2.125 TD
(FORMAL FINDINGS)Tj
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(Formal Findings as required by Section 3. Paragraph 7 of Enclosure 1 of \
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T*
(Paragraph 1. Criterion H: )Tj
10.414 0 Td
(AGAINST THE APPLICANT)Tj
-10.414 -2.125 Td
(Subparagraph 1.a.: )Tj
7.775 0 Td
(Against the Applicant)Tj
-7.775 -2.125 Td
(Subparagraph 1.b.: )Tj
7.832 0 Td
(Against the Applicant)Tj
-7.832 -2.125 Td
(Subparagraph 1.c.: )Tj
7.775 0 Td
(Against the Applicant)Tj
-7.775 -2.125 Td
(Subparagraph 1.d.: )Tj
7.832 0 Td
(Against the Applicant)Tj
-7.832 -2.125 Td
(Subparagraph 1.e.: )Tj
7.775 0 Td
(Against the Applicant)Tj
-7.775 -2.125 Td
(Subparagraph 1.f.: )Tj
(Against the Applicant)Tj
T*
(Subparagraph 1.g.: )Tj
7.832 0 Td
(Against the Applicant)Tj
-7.832 -2.125 Td
(Subparagraph 1.h.: )Tj
7.832 0 Td
(Against the Applicant)Tj
-7.832 -2.125 Td
(Subparagraph 1.i.: )Tj
7.609 0 Td
(Against the Applicant)Tj
-7.609 -2.125 Td
(Subparagraph 1.j.: )Tj
7.609 0 Td
(Against the Applicant)Tj
-7.609 -2.125 Td
(Subparagraph 1.k.: )Tj
7.832 0 Td
(Against the Applicant)Tj
-7.832 -2.125 Td
(Subparagraph 1.l.: )Tj
7.609 0 Td
(Against the Applicant)Tj
-7.609 -2.125 Td
(Paragraph 2. Criterion G: )Tj
10.414 0 Td
(AGAINST THE APPLICANT)Tj
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(on three or four occasions after January/February 1995, the last time be\
ing in June 1996 during a sexual liaison.)Tj
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12 0 0 12 16 726.75 Tm
(Of the four potentially mitigating conditions which correspond to acts o\
f deliberate falsification, none apply in his favor.)Tj
0 -1.125 TD
(Recent abuse of cocaine )Tj
9.939 0 Td
(clearly has)Tj
/Span<>> BDC
( )Tj
EMC
(the potential for influencing an agency's investigative and/or adjudicat\
ive decisions.)Tj
-9.939 -1.125 Td
(It is therefore pertinent to a determination of Applicant's judgment,)Tj
/Span<>> BDC
( )Tj
EMC
(trustworthiness and reliability. )Tj
39.531 0 Td
(The recency of the)Tj
-39.531 -1.125 Td
(false statements \(August 1995 and May 1996\) preclude positive consider\
ation of MC 2. )Tj
35.326 0 Td
(Where Applicant)Tj
/Span<>> BDC
( )Tj
EMC
(was not)Tj
-35.326 -1.125 Td
(completely candid about his cocaine use during his DIS interview of May \
9, 1996, it cannot be said that he promptly)Tj
T*
(corrected the misrepresentations)Tj
/Span<>> BDC
( )Tj
EMC
(made on his NAQ about his cocaine abuse. )Tj
30.657 0 Td
(Nor is there any evidence that Applicant)Tj
-30.657 -1.125 Td
(was improperly advised by an authorized person with regard to his)Tj
/Span<>> BDC
( )Tj
EMC
(responses on the NAQ or during his first interview.)Tj
T*
(The Government can ill afford allowing individuals to dictate the timing\
and extent of disclosure. )Tj
39.212 0 Td
(The)Tj
/Span<>> BDC
( )Tj
EMC
(repeated nature)Tj
-39.212 -1.125 Td
(and recency of his intentional misrepresentations are not overcome by hi\
s unblemished record with respect to handling)Tj
T*
(classified information. )Tj
9.248 0 Td
(Although the Government is now aware of Applicant's June 1996 abuses of \
cocaine and)Tj
-9.248 -1.125 Td
(Percodan, and his involvement that month as a middleman facilitating)Tj
/Span<>> BDC
( )Tj
EMC
(marijuana purchase for his friends, this)Tj
T*
(Administrative Judge cannot be sanguine that Applicant will not act simi\
larly in the future if faced with a personally)Tj
T*
(disadvantageous situation. )Tj
10.804 0 Td
(At his hearing, Applicant testified that his last use of Percodan was sh\
ortly after his 1995)Tj
-10.804 -1.125 Td
(treatment, despite evidence of record)Tj
/Span<>> BDC
( )Tj
EMC
(which reflects abuse of Percodan in June 1996. )Tj
34.126 0 Td
(His failure to demonstrate reform)Tj
-34.126 -1.125 Td
(warrants adverse findings with respect to subparagraphs 3.a.\(1\), )Tj
25.797 0 Td
(3.a.\(2\) and)Tj
/Span<>> BDC
( )Tj
EMC
(3.c.\(1\). )Tj
(Subparagraphs 3.b.\(1\) and 3.b. \(2\),)Tj
-25.797 -1.125 Td
(in contrast, are found for him as the negative response to question 24 w\
as due to misunderstanding.)Tj
0 -2.125 TD
(Inasmuch as Applicant's misrepresentations on his security clearance app\
lication and in his signed, sworn statement)Tj
0 -1.125 TD
(taken during his May 9, 1996, DIS)Tj
/Span<>> BDC
( )Tj
EMC
(interview constitute felonious violations of federal law pursuant to Tit\
le 18, Section)Tj
0 -1.375 TD
(1001 of the United States Code,)Tj
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(the adjudicative guidelines pertaining to)Tj
/Span<>> BDC
( )Tj
EMC
(criminal conduct must also be considered in evaluating his record of del\
iberate)Tj
0 -1.125 TD
(falsification. )Tj
5.276 0 Td
(In addition, he presents a record of criminal behavior ranging from)Tj
/Span<>> BDC
( )Tj
EMC
(the very minor reveling to repeat)Tj
-5.276 -1.125 Td
(domestic incidents and the willful non-filing of his federal individual \
income tax returns. )Tj
35.825 0 Td
(Both DCs 1. and 2. are)Tj
-35.825 -1.125 Td
(therefore)Tj
/Span<>> BDC
( )Tj
EMC
(pertinent to an assessment of Applicant's security worthiness.)Tj
0 -2.125 TD
(Criminal conduct is subject to mitigation provided it was not recent \(M\
C 1\), was isolated \(MC )Tj
38.021 0 Td
(2\), the perpetrator was)Tj
-38.021 -1.125 Td
(pressured into committing the act \(MC)Tj
/Span<>> BDC
( )Tj
EMC
(3\), the act was not voluntary or the factors which led to the violation\
are not)Tj
0 -1.125 TD
(likely to recur \(MC 4\), or there is clear evidence of rehabilitation \(\
MC 5\). )Tj
29.712 0 Td
(Applicant's reveling offense took place more)Tj
-29.712 -1.125 Td
(than thirteen years ago and it was sufficiently minor in nature and not \
related to any subsequent criminal conduct)Tj
/Span<>> BDC
( )Tj
EMC
(to)Tj
T*
(where it is )Tj
4.416 0 Td
(mitigated under MCs 1. and 2. )Tj
12.443 0 Td
(The remaining charges for which Applicant has suffered adverse legal)Tj
-16.858 -1.125 Td
(consequences to date all relate to domestic)Tj
/Span<>> BDC
( )Tj
EMC
(problems. )Tj
21.521 0 Td
(With respect to his November 1992 disorderly conduct and 1988)Tj
-21.521 -1.125 Td
(trespassing, there is no evidence Applicant has been involved with the v\
ictim since)Tj
0 -2.125 TD
(1992 or has harassed any other person. )Tj
15.773 0 Td
(A similar violation in the future is not likely to occur. )Tj
21.663 0 Td
(Hence, )Tj
(favorable findings)Tj
-37.436 -1.125 Td
(are warranted as to subparagraphs 4.f.)Tj
/Span<>> BDC
( )Tj
EMC
(and 4.g. in addition to 4.i. )Tj
25.993 0 Td
(The February 1987, November 1994 and March 1996)Tj
-25.993 -1.125 Td
(incidents, in contrast, )Tj
8.804 0 Td
(involved domestic physical assault on three separate)Tj
/Span<>> BDC
( )Tj
EMC
(victims. )Tj
24.632 0 Td
(The dated nature of the February)Tj
-33.436 -1.125 Td
(1987 assault on his ex-spouse's boyfriend notwithstanding, it is part of\
a pattern of abusive behavior which extended)Tj
/Span<>> BDC
( )Tj
EMC
(to)Tj
0 -1.125 TD
(as recently as March 20, 1996. )Tj
12.496 0 Td
(Given the recency of Applicant's assault on his stepfather, the risk of \
recurrence cannot)Tj
-12.496 -1.125 Td
(be discounted. )Tj
6.026 0 Td
(Adverse findings are)Tj
/Span<>> BDC
( )Tj
EMC
(returned as to subparagraphs 4.d., 4.e. and 4.h. of the SOR.)Tj
-6.026 -2.125 Td
(Most serious is that criminal conduct for which Applicant has never been\
formally charged, to wit: )Tj
39.739 0 Td
(his deliberate)Tj
-39.739 -1.125 Td
(falsifications and his willful failure to file his)Tj
/Span<>> BDC
( )Tj
EMC
(federal income tax returns for tax years 1994 and 1995. )Tj
40.738 0 Td
(As noted,)Tj
-40.738 -1.125 Td
(Applicant's false statements to the Government in connection with his se\
curity clearance)Tj
/Span<>> BDC
( )Tj
EMC
(application and investigation)Tj
T*
(are punishable as felonies. )Tj
10.802 0 Td
(Under Federal income tax regulations, individuals having a taxable gross\
income which)Tj
-10.802 -1.375 Td
(equals or)Tj
/Span<>> BDC
( )Tj
EMC
(exceeds the exemption amount are required to file a return except for fo\
ur enumerated exceptions.)Tj
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( )Tj
(For the)Tj
-44.068 -1.125 Td
(tax years at issue, Applicant was gainfully)Tj
/Span<>> BDC
( )Tj
EMC
(employed at company A. )Tj
27.465 0 Td
(While the record is silent with respect to the)Tj
-27.465 -1.125 Td
(amount of his earnings during that period, Applicant does not dispute th\
at he was)Tj
/Span<>> BDC
( )Tj
EMC
(required to file. )Tj
39.186 0 Td
(By his own admission,)Tj
-39.186 -1.125 Td
(he deliberately did not file because he did not want the state to take h\
is tax refund monies. )Tj
36.294 0 Td
(His willful failure to file for)Tj
-36.294 -1.375 Td
(tax years 1994 and 1995 constitutes misdemeanor conduct under section 72\
03 of the United States Code.)Tj
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(\(9\))Tj
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( )Tj
(Both his)Tj
-42.938 -1.125 Td
(intentional )Tj
4.527 0 Td
(misrepresentations and his)Tj
/Span<>> BDC
( )Tj
EMC
(willful non-filing reflect an unacceptable tendency to place his interes\
ts above)Tj
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/Artifact <>BDC
0 -86 TD
(file:///usr.osd.mil/)Tj
7.166 0 Td
(...)Tj
(yComputer/Desktop/DOHA%20transfer/DOHA-Kane/dodogc/doha/industrial/Archi\
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(undertaken in January/February 1995. )Tj
15.468 0 Td
(After considering the extent of Applicant's)Tj
/Span<>> BDC
( )Tj
EMC
(abuse of cocaine and his misuse of)Tj
ET
Q
BT
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(prescription drugs and the recency of his last involvement, this Adminis\
trative Judge cannot make the affirmative)Tj
0 -1.125 TD
(finding)Tj
/Span<>> BDC
( )Tj
EMC
(that his illegal or improper drug abuse is safely behind him. Accordingl\
y, subparagraphs 1.a., 1.b., 1.c., 1.d.,)Tj
T*
(1.e., 1.f., 1.g., 1.h., 1.i., 1.j., 1.k., and 1.l. are)Tj
/Span<>> BDC
( )Tj
EMC
(resolved against him.)Tj
0 -2.125 TD
(Applicant, who has also been diagnosed as suffering from alcohol depende\
nce, has abused alcohol within the context of)Tj
0 -1.125 TD
(criterion G, but only from about 1986)Tj
/Span<>> BDC
( )Tj
EMC
(when he was arrested for driving while intoxicated after consuming mixed\
drinks)Tj
T*
(at a local bar. )Tj
5.636 0 Td
(The following year, Applicant suffered a second alcohol-related)Tj
/Span<>> BDC
( )Tj
EMC
(incident when he was again stopped for)Tj
-5.636 -1.125 Td
(DWI. )Tj
(DC 1. under the Adjudicative Guidelines pertaining to alcohol consumptio\
n applies to these two incidents away)Tj
T*
(from work. )Tj
(In addition to these drunk driving offenses, Applicant was under the inf\
luence of alcohol at the time he)Tj
T*
(physically assaulted his then live-in)Tj
/Span<>> BDC
( )Tj
EMC
(girlfriend in November of 1994. Applicant's criterion G conduct must als\
o be)Tj
T*
(evaluated under DC 3. since he has been diagnosed by a credentialed medi\
cal)Tj
/Span<>> BDC
( )Tj
EMC
(professional as suffering from alcohol)Tj
T*
(dependence. )Tj
5.219 0 Td
(Furthermore, there is sufficient evidence of habitual or binge consumpti\
on to consider DC 4. )Tj
37.324 0 Td
(Over the)Tj
-42.543 -1.125 Td
(1987/88 time frame, Applicant abused alcohol at the rate of three or fou\
r mixed drinks almost every night. )Tj
42.765 0 Td
(After)Tj
-42.765 -1.125 Td
(drinking only once per week for the next four)Tj
/Span<>> BDC
( )Tj
EMC
(years, Applicant in 1992 relapsed into daily drinking in abusive quantit\
ies)Tj
T*
(ranging from a half pint to as much as two quarts of vodka per occasion.\
)Tj
29.214 0 Td
(DC 5. is to)Tj
/Span<>> BDC
( )Tj
EMC
(be considered where there is)Tj
-29.214 -1.125 Td
(consumption of alcohol subsequent to a diagnosis of alcoholism and compl\
etion of an alcohol rehabilitation program.)Tj
T*
(Unable to)Tj
/Span<>> BDC
( )Tj
EMC
(stop drinking and seeking to resolve interpersonal relationship difficul\
ties caused at least in part by his)Tj
T*
(alcohol and drug abuse, Applicant sought treatment at)Tj
/Span<>> BDC
( )Tj
EMC
(facility B. )Tj
26.104 0 Td
(With his psychiatric condition improved, Applicant)Tj
-26.104 -1.125 Td
(was discharged on January 23, 1995, to follow-up in a substance abuse re\
habilitation program. )Tj
38.074 0 Td
(Applicant was only)Tj
-38.074 -1.125 Td
(minimally engaged in his treatment there and he was administratively dis\
charged with an extremely poor prognosis for)Tj
T*
(recovery. )Tj
(He has)Tj
/Span<>> BDC
( )Tj
EMC
(continued to consume alcohol on occasion to at least January 1997, yet D\
C 5. on its face cannot apply)Tj
T*
(as he did not successfully complete an alcohol)Tj
/Span<>> BDC
( )Tj
EMC
(rehabilitation program.)Tj
0 -2.125 TD
(On at least one occasion since his treatment in February 1995, Applicant\
consumed a sufficient quantity of alcohol to)Tj
0 -1.125 TD
("catch a buzz." While he continues to drink in amount up to three or fou\
r mixed drinks, his involvement with alcohol is)Tj
T*
(only occasional, and to that extent, it is a positive change from the pr\
ior pattern of drinking to abusive levels daily.)Tj
T*
(However, where he has been diagnosed as suffering from alcohol dependenc\
e, he is required for mitigation to have)Tj
T*
(successfully completed inpatient or outpatient rehabilitation along with\
aftercare requirements, participate frequently in)Tj
T*
(meetings of AA or similar organization,)Tj
/Span<>> BDC
( )Tj
EMC
(abstained for at least twelve months, and received a favorable prognosis\
by a)Tj
T*
(credentialed medical professional. )Tj
13.938 0 Td
(Applicant's voluntary admission to a treatment)Tj
/Span<>> BDC
( )Tj
EMC
(program is to his credit, but he did not)Tj
-13.938 -1.125 Td
(complete the proscribed treatment regimen. )Tj
17.66 0 Td
(Applicant testified that he did not like the atmosphere and instead went\
to)Tj
-17.66 -1.125 Td
(AA meetings for about six months in his local community. )Tj
23.748 0 Td
(There is no evidence that Applicant subscribed to the tenets)Tj
-23.748 -1.125 Td
(of the AA program or actively engaged)Tj
/Span<>> BDC
( )Tj
EMC
(in any step work. )Tj
23.104 0 Td
(For example, he did not obtain a sponsor. )Tj
16.831 0 Td
(Indeed, he stopped)Tj
-39.935 -1.125 Td
(going to AA as he found it stressful. )Tj
14.749 0 Td
(This Administrative Judge recognizes that)Tj
/Span<>> BDC
( )Tj
EMC
(AA is not for everyone and that a private)Tj
-14.749 -1.125 Td
(counselor may prove a valuable resource. )Tj
16.854 0 Td
(While Applicant has a private counselor, he testified he does not rely o\
n her)Tj
-16.854 -1.125 Td
(for assistance with alcohol-related issues. )Tj
16.828 0 Td
(Applicant submits that with his Buspar medication, he no longer uses alc\
ohol)Tj
-16.828 -1.125 Td
(in self-medication for anxiety. )Tj
12.357 0 Td
(However, as recently as March 1996, Applicant drank when he became upset\
with his)Tj
-12.357 -1.125 Td
(stepfather. )Tj
4.442 0 Td
(At his hearing, he admitted he had an alcohol problem in the)Tj
/Span<>> BDC
( )Tj
EMC
(past, but exhibited no appreciable understanding)Tj
-4.442 -1.125 Td
(of that problem. )Tj
6.665 0 Td
(Applicant's efforts in reform are not sufficient to overcome a history o\
f very serious, recent)Tj
/Span<>> BDC
( )Tj
EMC
(criterion G)Tj
-6.665 -1.125 Td
(conduct. )Tj
3.666 0 Td
(Subparagraphs 2.a., 2.b., 2.c., 2.d., 2.e., and 2.f. are concluded again\
st him.)Tj
-3.666 -2.125 Td
(The concerns raised by his extensive drug and alcohol abuse history are \
compounded by his failure to be forthright on)Tj
T*
(his August 2, 1995, NAQ about the extent)Tj
/Span<>> BDC
( )Tj
EMC
(of his drug involvement. )Tj
27.191 0 Td
(Applicant significantly under reported his)Tj
-27.191 -1.125 Td
(involvement with cocaine and did not reveal his recent abuse of marijuan\
a as he did not)Tj
/Span<>> BDC
( )Tj
EMC
(want others who were also in)Tj
T*
(the room to hear the details. )Tj
11.413 0 Td
(While Applicant has a reasonable expectation of privacy, this does not j\
ustify a blatant lie.)Tj
-11.413 -1.125 Td
(With)Tj
/Span<>> BDC
( )Tj
EMC
(respect to his alleged falsification of question 24 on the form concerni\
ng, in part, illegal drug purchase, Applicant)Tj
T*
(responded in the negative as although he had)Tj
/Span<>> BDC
( )Tj
EMC
(purchased both cocaine and marijuana, the question also pertained to)Tj
T*
(activities which he had not engaged in. )Tj
15.829 0 Td
(His failure to report his drug purchases is not)Tj
/Span<>> BDC
( )Tj
EMC
(viewed as intentional falsification,)Tj
-15.829 -1.125 Td
(but rather is attributed to misunderstanding. )Tj
17.747 0 Td
(DC 2. under the personal conduct guidelines therefore applies, but only \
to)Tj
-17.747 -1.125 Td
(his)Tj
/Span<>> BDC
( )Tj
EMC
(falsification of question 23 regarding illicit drug abuse. )Tj
23.717 0 Td
(DC 3. must also be considered, inasmuch as Applicant)Tj
-23.717 -1.125 Td
(although forthcoming about much of his drug)Tj
/Span<>> BDC
( )Tj
EMC
(abuse history during a subsequent interview with a DIS Special Agent on)Tj
T*
(May 9, 1996, he falsely indicated during that interview that he had not \
used any)Tj
/Span<>> BDC
( )Tj
EMC
(cocaine since December 1994 and that)Tj
T*
(he had stopped using cocaine. )Tj
12.219 0 Td
(Applicant later admitted to a DIS Special Agent on August 2, 1996, that \
he used cocaine)Tj
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(yComputer/Desktop/DOHA%20transfer/DOHA-Kane/dodogc/doha/industrial/Archi\
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(demonstrate that, despite the existence of criterion conduct, it is clea\
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(continue his security clearance.)Tj
0 -2.125 TD
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( )Tj
EMC
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0 -2.125 TD
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/Span<>> BDC
( )Tj
EMC
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T*
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/Span<>> BDC
( )Tj
EMC
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T*
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T*
(abuse of Percodan in June 1996. )Tj
13.191 0 Td
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-30.685 -1.125 Td
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-37.767 -1.125 Td
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0 -1.125 TD
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T*
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/Span<>> BDC
( )Tj
EMC
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T*
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0 -2.125 TD
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0 -1.125 TD
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/Span<>> BDC
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EMC
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/Span<>> BDC
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T*
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/Span<>> BDC
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