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A decided public DOHA case, shown for research, not advice or a prediction.

ISCR Case No. 00-0245

Appeal Board

Decided Feb 16, 2001 · Administrative Judge Michael Y. Ra'anan · Appeal

Full decision

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The complete official text, footnotes and signatures included, is in the original PDF.

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Appearances

ry 16, 2001</P>

<P><HR>

</P>

In Re:

<P>-----------------</P>

<P>SSN: -----------</P>

<P>Applicant for Security Clearance</P>

<P><HR>

</P>

ISCR Case No. 00-0245

<P ALIGN="CENTER"><STRONG>APPEAL BOARD DECISI

Procedural History

EM></STRONG></SPAN><SPAN STYLE="font-size: 11pt"><EM></EM></SPAN></P>

<P>Administrative Judge Jerome H. Silber issued a decision dated September 28, 2000, in which he concluded it is not clearly

consistent with the national interest to grant or continue a security clearance for Applicant. Applicant appealed. F

Appeal Issues

r the reasons

set forth below the Board affirms the Administrative Judge's decision.</P>

<P>The Board has jurisdiction on appeal under Executive Order 10865 and Department of Defense Directive 5220.6 (Directive), dated

January 2, 1992 as amended.</P>

<P>Applicant's appeal presents the following issues: Whether the Administrative Judge's decision was arbitrary, capricious or contrary

to law?</P>

<P><CENTER><STRONG>Procedural History</CENTER>

</STRONG></P>

<P>The Defense Office of Hearings and Appeals issued a Statement of Reasons (SOR) to Applicant dated May 31, 2000. The SOR

was based on Guideline F (Financial Considerations), Guideline E (Personal Conduct), and Guideline J (Criminal Conduct).

Applicant requested a hearing which was held on August 22, 2000. The Administrative Judge issued a decision on September 28,

2000 in which he concluded that it is not clearly consistent with the national interest to grant or continue a security clearance for

Applicant. Applicant appealed that unfavorable decision.<A HREF="#N_1_"><SUP> (1)</SUP></A></P>

<P><CENTER><STRONG>Appeal Issue</STRONG></CENTER>

</P>

<P>Whether the Administrative Judge's decision was arbitrary, capricious or contrary to law? On appeal, Applicant discusses various

prior inconsistent statements as to his drug history and the role of others in preparing the wri

Conclusion

at the

Administrative Judge's conclusions regarding Applicant's falsification conduct are arbitrary, capricious or contrary to law.

Directive, Additional Procedural Guidance, Item E3.1.32.3.</P>

<P>The federal government must