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For the Applicant.)Tj /TT1 1 Tf T* (DECISION)Tj ET 0.75 w q 1 0 0 1 16 601.5 cm 0 0 m 59.35 0 l h S Q BT /TT0 1 Tf 12 0 0 12 16 576.75 Tm (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 0 -2.125 TD (Paul J. Mason)Tj T* (Administrative Judge)Tj T* (1. )Tj (According to Applicant, subparagraph 1f is the date he was fined for com\ mitting the DUI in November 1993 \(1e\).)Tj 0 -1.125 TD (Because subparagraph 1f indicates when Applicant was fined for the DUI i\ n 1e,)Tj /Span<>> BDC ( )Tj EMC (subparagraph 1f shall be found for)Tj T* (Applicant.)Tj 0 -2.125 TD (2. )Tj (Applicant's denial is based on his interpretation of the allegation as i\ mplying he smelled like alcohol everyday for the)Tj 0 -1.125 TD (entire period. Although he never drank alcohol at work, he admitted carr\ ying the)Tj /Span<>> BDC ( )Tj EMC (smell of stale alcohol into work. \(Tr.)Tj T* (23\))Tj 0 -2.125 TD (3. )Tj (Applicant does not believe a person with some kind of serious medical co\ ndition other than alcohol abuse, would)Tj 0 -1.125 TD (have his security clearance questioned. Applicant's comparison of alcoho\ l abuse treatment to treatment for other serious)Tj T* (medical conditions, is irrelevant because the purpose of the inquiry is \ not the treatment itself but an applicant's degree of)Tj T* (participation in treatment and what the applicant learns in treatment, i\ .e., what educational tools did the applicant apply)Tj T* (to reach and sustain a life of sobriety. If the evidence shows an applic\ ant really committed to treatment, )Tj 41.652 0 Td (and sustained)Tj -41.652 -1.125 Td (progress in maintaining abstinence with a strong external network of sup\ port, then the entire recovery process can)Tj T* (constitute substantial evidence in demonstrating rehabilitation from a s\ erious alcohol)Tj /Span<>> BDC ( )Tj EMC (problem.)Tj 0 -2.125 TD (4. )Tj (The officials told him the only way he could maintain sobriety was throu\ gh AA. \(Tr. 26-27\))Tj ET EMC endstream endobj 16 0 obj <>/ProcSet[/PDF/Text]>>/StructParents 3/Type/Page>> endobj 39 0 obj <>stream BT /Artifact <>BDC /TT0 1 Tf 9 0 0 9 5 779 Tm (97-0409.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/97-0409.h1.html)Tj 49.796 0 Td ([7/2/2021 4:01:44 PM])Tj EMC ET 1 g 10 36 591.75 729.75 re f /Article <>BDC EMC /Article <>BDC BT 0 g 12 0 0 12 16 744 Tm (The Government must establish all the factual allegations under Criterio\ n G \(excessive alcohol consumption\), Criterion)Tj 0 -1.125 TD (E \(personal conduct\), which establishes doubt about a person's judgmen\ t,)Tj /Span<>> BDC ( )Tj EMC (reliability and trustworthiness. While a)Tj T* (rational connection, or nexus, must be shown between an applicant's adve\ rse conduct and his ability to effectively)Tj T* (safeguard classified information, with respect to)Tj /Span<>> BDC ( )Tj EMC (the sufficiency of proof of a rational connection, objective or direct)Tj T* (evidence is not required.)Tj 0 -2.125 TD (Then, the Applicant must remove that doubt with substantial evidence in \ refutation, explanation, mitigation or)Tj 0 -1.125 TD (extenuation which demonstrates that the past adverse conduct is unlikely\ to repeat itself)Tj /Span<>> BDC ( )Tj EMC (and Applicant presently)Tj T* (qualifies for a security clearance.)Tj /TT1 1 Tf 0 -2.125 TD (CONCLUSIONS)Tj ET 0.75 w q 1 0 0 1 16 611.25 cm 0 0 m 88.02 0 l h S Q BT /TT0 1 Tf 12 0 0 12 16 586.5 Tm (A case of alcohol abuse has been established because Applicant has been \ involved in eight )Tj 36.516 0 Td (alcohol-related offenses)Tj -36.516 -1.125 Td (between 1964 and August 1997. Of the eight offenses, Applicant placed )Tj 29.076 0 Td (the general)Tj /Span<>> BDC ( )Tj EMC (public's safety in jeopardy on five)Tj -29.076 -1.125 Td (occasions by drinking alcohol and then trying to drive an automobile. Wh\ ile Applicant had never consumed alcohol on)Tj 0 -1.125 TD (the job, sometimes between 1982 and August)Tj /Span<>> BDC ( )Tj EMC (1996, he reported to work with the stale smell of alcohol on his body.)Tj T* (Between September 1992, and December 1994, Applicant was treated in the \ employee assistance program for)Tj T* (alcoholism. )Tj 4.888 0 Td (Applicant received treatment a second time from December 19, 1996 to Jan\ uary 9, 1997, for alcohol)Tj -4.888 -1.125 Td (dependence, alcohol withdrawal, alcohol intoxication, alcohol induced mo\ od disorder, and probable)Tj /Span<>> BDC ( )Tj EMC (alcoholic liver)Tj T* (disease and chronic alcoholism. Applicant was habitually drinking alcoho\ l until December 19, 1996, with his)Tj T* (consumption reaching approximately 2 cases and two fifths a week.)Tj /Span<>> BDC ( )Tj EMC (Surprisingly, after a relatively short period of)Tj T* (abstinence of several weeks, Applicant resumed drinking between 12 and 1\ 8 beers on the weekends.)Tj 0 -2.125 TD (The Government has failed to establish a case under Criterion E. Althoug\ h Applicant used poor judgment by not)Tj 0 -1.125 TD (carefully reading the question, his poor judgment cannot replace the int\ entional element)Tj /Span<>> BDC ( )Tj EMC (required to establish a case of)Tj T* (deliberately falsifying an official government document. Applicant's alc\ ohol abuse, marital discord and memory lapses,)Tj T* (are other major reasons he cannot be found to have)Tj /Span<>> BDC ( )Tj EMC (intentionally lied to the Government.)Tj 0 -2.125 TD (Applicant's 33 year history of excessive alcohol consumption, his contin\ uing alcohol abuse, )Tj 36.95 0 Td (and the absence of any)Tj -36.95 -1.125 Td (current participation in therapy or AA, establish the strong probability\ Applicant will)Tj /Span<>> BDC ( )Tj EMC (encounter abusive problems with)Tj 0 -1.125 TD (alcohol in the future.)Tj /TT1 1 Tf 0 -2.125 TD (FORMAL FINDINGS)Tj ET q 1 0 0 1 16 320.25 cm 0 0 m 115.002 0 l h S Q BT /TT0 1 Tf 12 0 0 12 16 295.5 Tm (Having reviewed the specific policy factors with the general policy fact\ ors \(whole-person concept\), Formal /findings)Tj 0 -1.125 TD (required by Paragraph 25 of Enclosure 3 are:)Tj 0 -2.125 TD (Paragraph 1 \()Tj /TT1 1 Tf (Alcohol)Tj /TT0 1 Tf (\): )Tj (AGAINST THE APPLICANT.)Tj T* (a. Against the Applicant.)Tj T* (b. Against the Applicant.)Tj T* (c. Against the Applicant.)Tj T* (d. For the Applicant.)Tj T* (e. Against the Applicant.)Tj T* (f. For the Applicant.)Tj T* (g. Against the Applicant.)Tj T* (h. 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Those factors \(found at page 2-1 of Enclosure 2 of the Directi\ ve\) include: \(1\))Tj /Span<>> BDC ( )Tj EMC (the nature, extent, and)Tj T* (seriousness of the conduct; \(2\) the circumstances surrounding the cond\ uct; \(3\) the frequency and recency of the conduct;)Tj T* (\(4\) the individual's age and maturity at the time of the)Tj /Span<>> BDC ( )Tj EMC (conduct; \(5\) the voluntariness of participation; \(6\) the presence or\ )Tj T* (absence of rehabilitation and other behavioral changes; \(7\) the motiva\ tion for the conduct; and, \(8\) the likelihood of)Tj T* (continuation or)Tj /Span<>> BDC ( )Tj EMC (recurrence.)Tj /TT1 1 Tf 0 -2.125 TD (Burden of Proof)Tj /TT0 1 Tf T* (As set forth in the Directive, every personnel security determination mu\ st be a fair and impartial overall commonsense)Tj 0 -1.125 TD (decision based upon all available information, both favorable and unfavo\ rable, and)Tj /Span<>> BDC ( )Tj EMC (must be arrived at by applying the)Tj T* (standard that the granting \(or continuance\) of a security clearance un\ der this Directive may only be done upon a finding)Tj T* (that to do so is clearly consistent with the)Tj /Span<>> BDC ( )Tj EMC (national interest. In reaching determinations under the Directive, caref\ ul)Tj T* (consideration must be directed to the actual as well as the potential ri\ sk involved that an applicant may fail to properly)Tj T* (safeguard)Tj /Span<>> BDC ( )Tj EMC (classified information in the future. The Administrative Judge can only \ draw those inferences or conclusions)Tj T* (that have a reasonable and logical basis in the evidence of record. The \ Judge cannot draw)Tj /Span<>> BDC ( )Tj EMC (inferences or conclusions)Tj ET q 10 36 592 730 re W n BT 12 0 0 12 16 39.75 Tm (based on evidence which is speculative or conjectural in nature.)Tj ET EMC Q endstream endobj 14 0 obj <>/ProcSet[/PDF/Text]>>/StructParents 1/Type/Page>> endobj 41 0 obj [43 0 R 44 0 R 45 0 R 46 0 R] endobj 42 0 obj <>stream BT /Artifact <>BDC /TT0 1 Tf 9 0 0 9 5 779 Tm (97-0409.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/97-0409.h1.html)Tj 49.796 0 Td ([7/2/2021 4:01:44 PM])Tj EMC ET 1 g 10 36 591.75 729.75 re f /Article <>BDC EMC /Article <>BDC q 10 36 592 730 re W n BT 0 g 12 0 0 12 16 755.25 Tm (Applicant submitted denials to subparagraphs 1a, 1e, 1f, 1h and 2a. He a\ dmitted all the)Tj /Span<>> BDC ( )Tj EMC (other allegations.)Tj ET Q BT 0 g 12 0 0 12 16 729.75 Tm (Applicant is 49 years old and employed as an electronics mechanic for a \ defense contractor. He seeks a secret level)Tj 0 -1.125 TD (clearance.)Tj 0 -2.125 TD (Applicant's excessive alcohol consumption over the years can best be cha\ racterized as habitual drinking. The frequency)Tj 0 -1.125 TD (was )Tj (approximately one 12 pack to a case of beer a week until 1994. Between)Tj /Span<>> BDC ( )Tj EMC (1994 and December 19, 1996, when he)Tj T* (was hospitalized for alcohol dependence, Applicant consumed alcohol dail\ y approximately two cases of beer and two)Tj T* (fifths of whiskey a week.)Tj 0 -2.125 TD (In 1981, Applicant was arrested for driving under the influence of alcoh\ ol \(DUI\) and was fined. On February 24, 1984,)Tj 0 -1.125 TD (Applicant was arrested for being drunk in public. He was fined approxima\ tely)Tj /Span<>> BDC ( )Tj EMC ($25.00. Applicant was treated for)Tj T* (alcoholism between September 1992 and December 1994. On November 24, 199\ 3, Applicant was arrested for DUI on)Tj T* (November 24, 1993 and fined approximately)Tj /Span<>> BDC ( )Tj EMC ($167.50. On July 11, 1996, Applicant was arrested for DUI and pled guilt\ y)Tj T* (to the amended charge of public intoxication because there was insuffici\ ent alcohol in his blood when the blood alcohol)Tj T* (test)Tj /Span<>> BDC ( )Tj EMC (was administered.)Tj 0 -2.375 TD (Applicant was arrested in November 1993 for DUI and fined $167.50 in Mar\ ch 1994.)Tj 0 0 0.933 rg 9.75 0 0 9.75 426.8945 533.25 Tm (\(1\))Tj ET 0 0 0.933 RG 0.75 w q 1 0 0 1 426.8945 532.5 cm 0 0 m 11.369 0 l h S Q BT 0 g 12 0 0 12 438.2632 528.75 Tm ( On occasion between 1982 and)Tj -35.189 -1.375 Td (August 1996, Applicant carried the smell of alcohol to work.)Tj 0 0 0.933 rg 9.75 0 0 9.75 308.2656 516.75 Tm (\(2\))Tj ET q 1 0 0 1 308.2656 516 cm 0 0 m 11.369 0 l h S Q BT 0 g 12 0 0 12 319.6343 512.25 Tm ( On November 23,)Tj /Span<>> BDC ( )Tj EMC (1996, Applicant was arrested for)Tj -25.303 -1.125 Td (speeding, driving side to side, reckless driving, DUI, resisting arrest,\ criminal mischief, wanton endangerment, and)Tj 0 -1.125 TD (attempting to elude. For some unknown reason,)Tj /Span<>> BDC ( )Tj EMC (Applicant decided not to let the police officer arrest him until he arri\ ved)Tj T* (home. \(GE #4\) )Tj (By way of a plea bargain, Applicant pled guilty to the DUI and the other\ charges were dismissed. His)Tj T* (driver's)Tj /Span<>> BDC ( )Tj EMC (license was suspended for 90 days although he was allowed to drive for o\ ccupational purposes only.)Tj 0 -2.125 TD (Applicant received treatment from December 19, 1996 to January 1997 for \ a condition diagnosed as alcohol)Tj 0 -1.125 TD (dependence, continuous, severe, alcohol withdrawal, alcohol intoxication\ , alcohol induced)Tj /Span<>> BDC ( )Tj EMC (mood disorder, probable)Tj T* (alcohol liver disease and chronic alcoholism. 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He does not drink at all)Tj /Span<>> BDC ( )Tj EMC (during the)Tj 0 -1.125 TD (week. \(Tr. 20; 25\))Tj 0 -2.125 TD (On March 5, 1997, Applicant had just finished cleaning the kitchen area \ of his house when his daughter appeared in the)Tj 0 -1.125 TD (kitchen, and began preparing herself something to eat. Applicant thought\ she was)Tj /Span<>> BDC ( )Tj EMC (trying to create a bigger mess than)Tj T* (was necessary. He picked her up and carried her out the house and placed\ her on the ground without hitting her. The)Tj T* (police were called and he was arrested for)Tj /Span<>> BDC ( )Tj EMC (domestic violence. Recently, Applicant returned to court and was informe\ d)Tj T* (by the judge the domestic violence case will be dismissed on condition h\ e has no contact with his daughter for a year.)Tj T* (\(Tr. 27\))Tj 0 -2.125 TD (In August 1997, Applicant was charged with public intoxication and was f\ ined. \(Tr. 28\) )Tj 35.353 0 Td (He had been drinking a large)Tj -35.353 -1.125 Td (amount of alcohol prior to the arrest.)Tj T* (On September 12, 1996, Applicant concealed information from a Questionna\ ire for National Security Positions.)Tj 0 -1.125 TD (However, I find he did not intentionally conceal the information. The ba\ sis for my)Tj /Span<>> BDC ( )Tj EMC (finding is the advanced stage of)Tj T* (Applicant's alcohol problem when he was drinking about two cases of beer\ and two fifths of whiskey a week.)Tj T* (Furthermore, he was also suffering from memory lapses)Tj /Span<>> BDC ( )Tj EMC (and serious marital disharmony.)Tj 0 -2.125 TD (Applicant's supervisor of four years believes Applicant is an above aver\ age worker whose work product is good quality.)Tj /TT1 1 Tf T* (POLICIES)Tj ET 0 G q 1 0 0 1 16 82.5 cm 0 0 m 57.352 0 l h S Q BT /TT0 1 Tf 12 0 0 12 16 57.75 Tm (Enclosure 2 of the Directive sets forth policy factors which must be giv\ en binding consideration in making security)Tj 0 -1.125 TD (clearance determinations. 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