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(Having considered the evidence of record in light of the appropriate leg\
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(credibility and demeanor of the)Tj
/Span<>> BDC
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EMC
(Applicant, )Tj
17.244 0 Td
(this Judge concludes that the Government has established its case with r\
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-17.244 -1.125 Td
(to criterion G.)Tj
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e. )Tj
31.88 0 Td
(In 1979, he began a pattern of)Tj
-31.88 -1.125 Td
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19.858 0 Td
(command sending him to alcohol rehabilitation in 1986 and again in)Tj
-19.858 -1.125 Td
(1988. )Tj
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36.019 0 Td
(This program had little, if any,)Tj
-36.019 -1.125 Td
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32.17 0 Td
(After his discharge from the service,)Tj
-32.17 -1.125 Td
(Applicant)Tj
/Span<>> BDC
( )Tj
EMC
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0 -1.125 TD
(driving. )Tj
(In addition to his conviction for DUI in)Tj
/Span<>> BDC
( )Tj
EMC
(1989, the evidence establishes Applicant was arrested for operating)Tj
T*
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)Tj
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/Span<>> BDC
( )Tj
EMC
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-29.383 -1.125 Td
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T*
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/Span<>> BDC
( )Tj
EMC
(unable to perform field sobriety tests, and a breathalyser administered \
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T*
(blood alcohol content. )Tj
9.165 0 Td
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/Span<>> BDC
( )Tj
EMC
(February 1996 offense, Applicant pleaded guilty to refusal to)Tj
-9.165 -1.125 Td
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26.521 0 Td
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/Span<>> BDC
( )Tj
EMC
(intoxicated on that occasion,)Tj
-26.521 -1.125 Td
(having consumed two pitchers of beer prior to his arrest resulting in su\
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T*
(the police)Tj
/Span<>> BDC
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(were escorting him out of the donut shop. )Tj
21.079 0 Td
(Given the extent and recency of Applicant's abusive use of alcohol,)Tj
-21.079 -1.125 Td
(he bears a heavy burden to demonstrate reform.)Tj
0 -2.125 TD
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G conduct, this Administrative Judge must)Tj
0 -1.125 TD
(consider the Adjudicative Guidelines pertaining)Tj
/Span<>> BDC
( )Tj
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(to alcohol consumption set forth in Enclosure 2 )Tj
38.63 0 Td
(to the Directive. )Tj
6.72 0 Td
(In)Tj
-45.35 -1.125 Td
(addition to the three drunk driving offenses, which clearly qualify as a\
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/Span<>> BDC
( )Tj
EMC
(incidents away from work under)Tj
T*
(disqualifying condition \(DC\) 1., Applicant after drinking got involved\
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46.214 0 Td
(DC)Tj
-46.214 -1.125 Td
(1.)Tj
/Span<>> BDC
( )Tj
EMC
(applies to that offense as well, even though the charges were subsequent\
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T*
(Although Applicant was found with an open)Tj
/Span<>> BDC
( )Tj
EMC
(container of alcohol in his vehicle in September 1994, the Government, i\
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T*
(contrast, )Tj
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(did not prove that Applicant had consumed any alcohol on that occasion. \
)Tj
29.409 0 Td
(Applicant is currently in treatment)Tj
-33.075 -1.375 Td
(with a licensed clinical psychologist for alcohol abuse. )Tj
22.133 0 Td
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( )Tj
(Furthermore, those)Tj
-39.798 -1.125 Td
(times \(at least twenty-four times a year\) where Applicant imbibed alco\
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0 -1.375 TD
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/Span<>> BDC
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(point of impaired judgment.)Tj
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(On review of the corresponding mitigating conditions \(MC\), there is a \
sufficient pattern to )Tj
36.408 0 Td
(his alcohol-related incidents)Tj
-36.408 -1.125 Td
(and his problem is too recent to)Tj
/Span<>> BDC
( )Tj
EMC
(favorably apply MC 1. or 2., respectively. )Tj
29.882 0 Td
(Applicant's consumption of mostly "near)Tj
-29.882 -1.125 Td
(beer" and one alcoholic beer per month from March 1996 and April 21,)Tj
/Span<>> BDC
( )Tj
EMC
(1997, represents a significant reduction from)Tj
0 -1.125 TD
(previous levels. )Tj
6.526 0 Td
(His abstinence from all alcohol since April 21, 1997, is regarded as a p\
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-6.526 -1.125 Td
(supportive of sobriety \()Tj
/TT2 1 Tf
9.359 0 Td
(See )Tj
/TT0 1 Tf
(MC 3.\). )Tj
(However, whereas Applicant has been diagnosed as suffering from alcohol \
abuse,)Tj
-9.359 -1.125 Td
(he is required for mitigation under the)Tj
/Span<>> BDC
( )Tj
EMC
(Adjudicative Guidelines to successfully complete an inpatient or outpati\
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T*
(rehabilitation along with aftercare requirements, participate frequently\
in AA or)Tj
/Span<>> BDC
( )Tj
EMC
(similar organization, abstain from)Tj
T*
(alcohol for a period of at least twelve months, )Tj
18.605 0 Td
(and receive a favorable prognosis by a credentialed medical professional\
.)Tj
-18.605 -1.125 Td
(There is some evidence that Applicant completed the six month alcohol re\
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T*
(military in 1986. )Tj
6.944 0 Td
(That program was not)Tj
/Span<>> BDC
( )Tj
EMC
(successful in effecting a moderation in his drinking, as all his serious\
alcohol-)Tj
-6.944 -1.125 Td
(related legal difficulties occurred after he was discharged from the ser\
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30.152 0 Td
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/Span<>> BDC
( )Tj
EMC
(ay 12, 1997, Applicant has been)Tj
-30.152 -1.125 Td
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T*
(week. )Tj
(To his credit, after only five sessions with the psychologist, he has be\
en given an excellent prognosis. )Tj
43.49 0 Td
(However,)Tj
-43.49 -1.125 Td
(he has not yet completed the counseling)Tj
/Span<>> BDC
( )Tj
EMC
(requirements established by the court for the February 1996 offense. )Tj
43.876 0 Td
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-43.876 -1.125 Td
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e)Tj
/Span<>> BDC
( )Tj
EMC
(presents a period of abstinence from)Tj
T*
(alcoholic beverages only since April 21, 1997.)Tj
0 -2.125 TD
(Common sense may warrant a favorable outcome, notwithstanding the failur\
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0 -1.125 TD
(Whether or not an applicant has)Tj
/Span<>> BDC
( )Tj
EMC
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T*
(demonstration by conduct over a measurable period of time that he )Tj
27.019 0 Td
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/Span<>> BDC
( )Tj
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(committed to his recovery. )Tj
11.886 0 Td
(As recently as)Tj
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(which the conduct was negligent, willful,)Tj
/Span<>> BDC
( )Tj
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(voluntary, or undertaken with knowledge of the circumstances or)Tj
0 -1.125 TD
(consequences involved; the age of the applicant; the absence or presence\
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/Span<>> BDC
( )Tj
EMC
(potential for coercion or)Tj
T*
(duress, and the probability that the conduct will or will not recur in t\
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/TT1 1 Tf
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(See)Tj
/TT0 1 Tf
( Directive 5220.6, Section F.3. and)Tj
-31.409 -1.125 Td
(Enclosure 2. )Tj
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(Because each security case presents its own unique facts and circumstanc\
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-5.249 -1.125 Td
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/Span<>> BDC
( )Tj
EMC
(that the factors apply equally in every case. )Tj
39.039 0 Td
(Moreover, although)Tj
-39.039 -1.125 Td
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for an unfavorable)Tj
/Span<>> BDC
( )Tj
EMC
(determination, the individual)Tj
T*
(may be disqualified if available information reflects a recent or recurr\
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T*
(irresponsibility or)Tj
/Span<>> BDC
( )Tj
EMC
(emotionally unstable behavior.)Tj
0 -2.125 TD
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following adjudicative guidelines to be most)Tj
0 -1.125 TD
(pertinent to this case:)Tj
18.031 -2.125 Td
(ALCOHOL CONSUMPTION)Tj
/TT2 1 Tf
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(Excessive alcohol consumption often leads to the exercise of questionabl\
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T*
(control impulses, and increases the risk of)Tj
/Span<>> BDC
( )Tj
EMC
(unauthorized disclosure of classified information due to carelessness.)Tj
/TT0 1 Tf
0 -2.125 TD
(Conditions that could raise a security concern and may be disqualifying \
include:)Tj
T*
(\(1\) alcohol-related incidents away from work, such as driving while un\
der the influence, fighting. . .)Tj
T*
(\(3\) diagnosis by a credentialed medical professional of alcohol abuse)Tj
T*
(\(4\) habitual or binge consumption of alcohol to the point of impaired \
judgment)Tj
T*
(Conditions that could mitigate security concerns include:)Tj
T*
(\(3\) positive changes in behavior supportive of sobriety)Tj
23.156 -2.125 Td
(* * *)Tj
-23.156 -2.125 Td
(Under the provisions of Executive Order 10865 and the Directive, a decis\
ion to grant or continue an applicant's)Tj
0 -1.125 TD
(clearance may be made only upon an affirmative)Tj
/Span<>> BDC
( )Tj
EMC
(finding that to do so is clearly consistent with the national interest. \
)Tj
46.625 0 Td
(In)Tj
-46.625 -1.125 Td
(reaching the fair and impartial overall common sense determination requi\
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/Span<>> BDC
( )Tj
EMC
(Administrative Judge can only draw)Tj
T*
(those inferences and conclusions which have a reasonable and logical bas\
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40.79 0 Td
(In addition, as the)Tj
-40.79 -1.125 Td
(trier of fact, the Administrative Judge must make critical judgments as \
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40.712 0 Td
(Decisions under)Tj
-40.712 -1.125 Td
(the Directive include consideration of the)Tj
/Span<>> BDC
( )Tj
EMC
(potential as well as the actual risk that an applicant may deliberately \
or)Tj
T*
(inadvertently fail to properly safeguard classified information.)Tj
0 -2.125 TD
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(Initially, the Government has the burden of proving any controverted fac\
t\(s\) alleged in the Statement of Reasons. )Tj
45.514 0 Td
(If the)Tj
-45.514 -1.125 Td
(Government meets its burden and)Tj
/Span<>> BDC
( )Tj
EMC
(establishes conduct cognizable as a security concern under the Directive\
, the burden)Tj
0 -1.125 TD
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tion,)Tj
/Span<>> BDC
( )Tj
EMC
(extenuation or mitigation sufficient to)Tj
T*
(demonstrate that, despite the existence)Tj
0 -2.125 TD
(of criterion conduct, it is clearly consistent with the national interes\
t to grant or continue his security clearance.)Tj
T*
(A person who seeks access to classified information enters into a fiduci\
ary relationship with the Government predicated)Tj
0 -1.125 TD
(upon trust and confidence. )Tj
10.858 0 Td
(Where the)Tj
/Span<>> BDC
( )Tj
EMC
(facts proven by the Government raise doubts about an applicant's judgmen\
t,)Tj
-10.858 -1.125 Td
(reliability or trustworthiness, the applicant has a heavy burden of pers\
uasion to)Tj
/Span<>> BDC
( )Tj
EMC
(demonstrate that he is nonetheless)Tj
T*
(security worthy. As noted by the United States Supreme Court in )Tj
/TT1 1 Tf
26.274 0 Td
(Department of Navy v. Egan)Tj
/TT0 1 Tf
11.414 0 Td
(, 484 U.S. 518, 531)Tj
-37.688 -1.125 Td
(\(1988\),)Tj
/Span<>> BDC
( )Tj
EMC
("the clearly consistent standard indicates that security clearance deter\
minations should err, if they must, on the)Tj
T*
(side of denials." )Tj
(As this Administrative Judge)Tj
/Span<>> BDC
( )Tj
EMC
(understands the Court's rationale, doubts are to be resolved against the\
)Tj
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(charge. )Tj
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EMC
(to show and time of signaling turn were voided and)Tj
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(the remaining charges referred to state administrative adjudication cour\
t. )Tj
29.322 0 Td
(On March 12, 1996, a hearing was)Tj
/Span<>> BDC
( )Tj
EMC
(afforded)Tj
-29.322 -1.125 Td
(Applicant before a judge of the administrative adjudication court on the\
refusal to submit to chemical test. )Tj
42.654 0 Td
(The charge)Tj
-42.654 -1.125 Td
(was sustained and Applicant)Tj
/Span<>> BDC
( )Tj
EMC
(was fined $200.00 plus $27.00 court costs, a $500.00 highway assessment \
and an)Tj
0 -1.125 TD
(additional assessment fee of $173.00, his driver's license was suspended\
for)Tj
/Span<>> BDC
( )Tj
EMC
(three months, he was required to participate)Tj
T*
(in the Driving While Intoxicated Program and to perform ten hours of com\
munity service. )Tj
36.352 0 Td
(Applicant was also fined)Tj
-36.352 -1.125 Td
($69.00 for the lane roadway violation.)Tj
0 -2.125 TD
(After his February 26, 1996 arrest Applicant reduced his consumption of \
alcohol. )Tj
32.825 0 Td
(From March 1996 to April 21, 1997,)Tj
-32.825 -1.125 Td
(Applicant consumed one alcoholic beer)Tj
/Span<>> BDC
( )Tj
EMC
(a month, otherwise drinking "near beer" which has .05% alcohol content.)Tj
T*
(On September 21, 1996, Applicant was evaluated in the Driving While Into\
xicated Program. )Tj
37.324 0 Td
(Applicant did not inform)Tj
-37.324 -1.125 Td
(the evaluator about his drunk driving)Tj
/Span<>> BDC
( )Tj
EMC
(offense in state B in an effort to sway the evaluator towards sending hi\
m to the)Tj
0 -1.125 TD
(movie series instead of drug abuse counseling. )Tj
18.884 0 Td
(He told the evaluator that he)Tj
/Span<>> BDC
( )Tj
EMC
(attempts to drink within the legal limit. )Tj
27.494 0 Td
(The)Tj
-46.378 -1.125 Td
(evaluator recommended one on one counseling as Applicant demonstrated no\
awareness of his difficulties with)Tj
/Span<>> BDC
( )Tj
EMC
(alcohol.)Tj
0 -2.125 TD
(Applicant's counseling required court approval. )Tj
19.23 0 Td
(Due to the court evaluator's backlog, Applicant did not meet with the)Tj
-19.23 -1.125 Td
(individual who had approval authority)Tj
/Span<>> BDC
( )Tj
EMC
(until April 1997. )Tj
22.524 0 Td
(Between September 1996 and April 1997, Applicant made no)Tj
-22.524 -1.125 Td
(effort on his own to seek counseling or to attend a support organization\
such as)Tj
/Span<>> BDC
( )Tj
EMC
(Alcoholics Anonymous \(AA\) as he)Tj
0 -1.125 TD
(thought that the amount that he had reduced his drinking to \(one alcoho\
lic beer a month\) was going to be sufficient not)Tj
T*
(to)Tj
/Span<>> BDC
( )Tj
EMC
(get arrested.)Tj
0 -2.375 TD
(On May 12, 1997, Applicant began weekly counseling with a licensed psych\
ologist for treatment of alcohol abuse,)Tj
0 0 0.933 rg
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(\(3\))Tj
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(attending five sessions by June 24, 1997,)Tj
/Span<>> BDC
( )Tj
EMC
(missing one session. )Tj
25.082 0 Td
(The psychologist as of June 24, 1997, assessed)Tj
-25.082 -1.125 Td
(Applicant's prognosis as excellent. )Tj
14.094 0 Td
(In connection with his reserve duties as an E-4 in the)Tj
/Span<>> BDC
( )Tj
EMC
(National Guard of a branch of)Tj
-14.094 -1.125 Td
(the United States military, Applicant is scheduled to serve overseas for\
three weeks in July 1997. )Tj
39.046 0 Td
(On his return,)Tj
-39.046 -1.125 Td
(Applicant's)Tj
/Span<>> BDC
( )Tj
EMC
(sessions with the psychologist will be reduced from once weekly to once \
every other week due to financial)Tj
0 -1.125 TD
(reasons. )Tj
(Required by the court to attend six to)Tj
/Span<>> BDC
( )Tj
EMC
(fifteen sessions with this psychologist, Applicant intends to continue w\
ith)Tj
T*
(the counseling for a year based on documentation he had received from th\
e)Tj
/Span<>> BDC
( )Tj
EMC
(Government which led him to believe that if)Tj
T*
(he was abstinent and under the care of a psychologist for a year, certif\
ication would be favorable to him being)Tj
/Span<>> BDC
( )Tj
EMC
(granted a)Tj
0 -1.375 TD
(security clearance.)Tj
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(Since May 12, 1997, Applicant has attended AA meetings three times per w\
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32.325 0 Td
(He has not yet obtained a sponsor in)Tj
-32.325 -1.125 Td
(AA as he is waiting for somebody to)Tj
/Span<>> BDC
( )Tj
EMC
(ask him whether he has given anyone his phone number and then he could s\
et up)Tj
0 -1.125 TD
(an appointment at that time. )Tj
11.441 0 Td
(Applicant intends to continue in AA and to)Tj
/Span<>> BDC
( )Tj
EMC
(maintain sobriety. )Tj
24.968 0 Td
(On June 21, 1997,)Tj
-36.409 -1.125 Td
(Applicant's brother-in-law, who knows Applicant is no longer drinking, p\
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(buddy. )Tj
(Applicant was successful in maintaining abstinence, which he attributes \
to AA. )Tj
34.964 0 Td
(Applicant has two close friends)Tj
-34.964 -1.125 Td
(with whom he used to drink, one of)Tj
/Span<>> BDC
( )Tj
EMC
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28.831 0 Td
(Applicant sees the other individual quarterly)Tj
-28.831 -1.125 Td
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19.966 0 Td
(Applicant indicated this)Tj
/Span<>> BDC
( )Tj
EMC
(person may pose a problem and that he "may)Tj
-19.966 -1.125 Td
(have to do something about him." )Tj
13.768 0 Td
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/Span<>> BDC
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EMC
(have)Tj
-13.768 -1.125 Td
(counseling, basically. )Tj
8.887 0 Td
(I don't know if he can ever realize that.")Tj
-8.887 -2.125 Td
(Applicant no longer intends to drink any alcohol as from his psychologis\
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(alcohol of any type is not a wise choice for)Tj
/Span<>> BDC
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EMC
(him.)Tj
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0 -1.125 TD
(Guard.)Tj
/TT1 1 Tf
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EMC
(carefully considered according to the)Tj
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(pertinent criterion in making the overall common sense determination )Tj
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(required. )Tj
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(Each adjudicative decision must also)Tj
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/Span<>> BDC
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(Applicant's consumption )Tj
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(alcohol to intoxicating levels. )Tj
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(Applicant's use of alcohol led to occupational and legal difficulties as\
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(While serving in a branch of the United States military stationed in sta\
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EMC
(drinking alcohol the evening before. )Tj
29.599 0 Td
(He was ordered to attend a six month alcohol)Tj
-29.599 -1.125 Td
(rehabilitation program commencing June 9, 1986. )Tj
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(Applicant successfully)Tj
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EMC
(1988)Tj
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(which he did not complete.)Tj
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( )Tj
(Applicant abstained from alcohol for the sixty days preceding his bad co\
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(from the service in April 1989 for)Tj
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EMC
(the abuse of marijuana.)Tj
0 -2.125 TD
(On May 18, 1989, Applicant was arrested in state B for driving under the\
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(more, driving under the influence,)Tj
/Span<>> BDC
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(vehicle registration fees due, no proof of insurance and rear tires cord\
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EMC
(with .10 blood alcohol content or more, fined)Tj
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($480.00 plus assessment of $699.00 or sixteen days in jail, to serve 48 \
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(He was)Tj
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(given a suspended fine for no proof of insurance and the remaining charg\
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(Applicant admits he had)Tj
-37.044 -1.125 Td
(been out drinking prior to the)Tj
/Span<>> BDC
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EMC
(incident, but that he had only two drinks.)Tj
0 -2.125 TD
(On April 20, 1990, Applicant got into a fight with another patron outsid\
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39.187 0 Td
(The fight was)Tj
-39.187 -1.125 Td
(witnessed by local police and Applicant was)Tj
/Span<>> BDC
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EMC
(arrested for disturbing the peace and disorderly person, transported to \
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0 -1.125 TD
(police department where he was held overnight and released. )Tj
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(A complaint was filed)Tj
/Span<>> BDC
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EMC
(against him on April 23, 1990.)Tj
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(Applicant pleaded not guilty in court to both offenses on May 17, 1990, \
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T*
(victim)Tj
/Span<>> BDC
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EMC
(witness fund for disorderly person. )Tj
17.025 0 Td
(On August 17, 1990, both charges were dismissed. )Tj
(Applicant had been)Tj
-17.025 -1.125 Td
(drinking prior to the incident.)Tj
0 -2.125 TD
(After consuming a pitcher of beer at a bar, Applicant was pulled over by\
law enforcement in state C at about 12:25 a.m.)Tj
0 -1.125 TD
(on August 26, 1991, because he did not)Tj
/Span<>> BDC
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EMC
(have his headlights on. )Tj
25.468 0 Td
(The officer detected a strong odor of alcohol on)Tj
-25.468 -1.125 Td
(Applicant's breath and administered field sobriety tests which Applicant\
failed. )Tj
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(Applicant was then arrested for)Tj
-31.866 -1.125 Td
(operating under the influence of liquor. )Tj
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(At the station, Applicant took a breathalyser which registered .20% bloo\
d)Tj
-15.967 -1.125 Td
(alcohol)Tj
/Span<>> BDC
( )Tj
EMC
(content and refused to take a second test after being informed that his \
license would be suspended for 120 days)Tj
T*
(for refusal. )Tj
(In court, he pleaded not guilty to)Tj
/Span<>> BDC
( )Tj
EMC
(charges of operating under the influence, operating a motor vehicle with\
)Tj
T*
(defective equipment, and operating a motor vehicle without a license. )Tj
28.101 0 Td
(On January 10,)Tj
/Span<>> BDC
( )Tj
EMC
(1992, Applicant was adjudged to)Tj
-28.101 -1.125 Td
(admit sufficient facts to operating a motor vehicle with defective equip\
ment and operating without a license, for which)Tj
T*
(offenses he was fined $35.00 and $100.00, respectively. )Tj
22.661 0 Td
(He was found not guilty of operating under the influence.)Tj
-22.661 -2.125 Td
(Applicant hit a stopped car with his vehicle in state C on an unspecifie\
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38.907 0 Td
(Police responding to)Tj
-38.907 -1.375 Td
(the accident discovered an open)Tj
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EMC
(container of beer in Applicant's automobile.)Tj
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( )Tj
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/Span<>> BDC
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EMC
(which was dismissed.)Tj
0 -2.125 TD
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0 -1.125 TD
(February 25, 1996. )Tj
(Local police in state D)Tj
/Span<>> BDC
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EMC
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)Tj
T*
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-13.802 -1.125 Td
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EMC
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14.773 0 Td
(Applicant ignored police request to turn around and the pursuing officer\
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-14.773 -1.125 Td
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(Applicant exhibited bloodshot and watery eyes,)Tj
/Span<>> BDC
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EMC
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45.794 0 Td
(As)Tj
-45.794 -1.125 Td
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29.326 0 Td
(The officers)Tj
/Span<>> BDC
( )Tj
EMC
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-29.326 -1.125 Td
(unsteady on his feet to perform field sobriety tests and they )Tj
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(arrested him at 1:17 a.m. on February 26, 1996, for driving)Tj
-23.966 -1.125 Td
(under the)Tj
/Span<>> BDC
( )Tj
EMC
(influence of liquor or drugs. )Tj
15.496 0 Td
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-15.496 -1.125 Td
(suspension of his driver's license, )Tj
(should he refuse to)Tj
/Span<>> BDC
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EMC
(submit to a chemical test. )Tj
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/Span<>> BDC
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EMC
(roadway violations)Tj
T*
(and registration card carried in vehicle--refusal to show. )Tj
22.685 0 Td
(In accordance with a pre-trial agreement in district court,)Tj
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