| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Mr. Arthur A. Omartian | Chairperson | |
| Mr. Thomas B. Redfern | Member | |
| Mr. Thomas E. O’Shaughnessy, Jr. | Member |
APPLICANT REQUESTS: In effect, that a Military Police Report (MPR) dated
11 July 1993 that was filed in crime records (Defense Central Investigations Index-DCII) and any related documents be expunged from the DCII and any related crime records that reflect this titling action.
APPLICANT STATES: In effect, although no error occurred in the initial filing of the MPR, he deems its continued existence as unjust treatment. He states that the incident cited in the report occurred in 1993, and he has since served without incident for approximately nine years. He claims that the resurgence of this report had recently hindered his career because its existence prohibited his selection as a drill sergeant. He also states that the report is not on file in his Official Military Personnel File (OMPF), and he was totally unaware of its presence until he was disqualified from drill sergeant duty. In support of his application, he submits five letters of support, orders awarding three Army Good Conduct Medals, and documents that he received from the Crime Records Center of the Criminal Investigation Command (CIC).
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted into the Regular Army on 9 July 1991, and he has continuously served on active duty since that time. He is currently a staff sergeant/E-6 (SSG/E-6), and he is assigned to Fort Bragg, North Carolina.
The record shows that on 11 July 1993, the applicant was involved in a verbal altercation with his wife that escalated into a physical altercation. The incident escalated when his wife struck and scratched him on the right arm, and the applicant responded by throwing his wife on the bed. The applicant was taken into custody and advised of his legal rights. He waived his rights and submitted a written statement admitting to the offense.
As a result of this incident, the applicant’s unit commander took administrative action by issuing the applicant a letter of warning based on his offense of engaging in a mutual affray with a family member.
The record also confirms that the applicant requested an amendment of the MPR and removal from the DCII which was denied by the CID on 2 August 2001. On 20 May 2002, the applicant appealed this denial. This appeal was forwarded from the CID to the Department of the Army Privacy Review Board in Springfield, Virginia, the appeal authority on this action. However, there is no record of any final action being taken on this appeal.
Department of Defense Instruction (DODI) 5505.7 contains the authority and criteria for titling decisions. It states, in pertinent part, that titling only requires credible information that an offense may have been committed. It further indicates that regardless of the characterization of the offense as founded, unfounded, or insufficient evidence, the only way to administratively remove a titling action from the Defense Central Investigations Index (DCII) is to show either mistaken identity or a complete lack of credible evidence to dispute the initial titling determination.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The Board notes the applicant’s request that the MPR report and related documents and records be removed from the DCII and associated crime files because its continued existence is unjust. However, it finds an insufficient evidentiary basis to support this requested relief.
2. DOD guidance specifies that to administratively remove a subject’s name from the DCII, mistaken identity or a complete lack of credible evidence to dispute the initial titling determination must be shown. The evidence of record confirms that a law enforcement investigation established that the applicant engaged in a mutual affray with a family member and that he admitted guilt of this offense. Therefore, in view of the facts of this case, and the failure of the applicant to provide evidence that satisfies this burden of proof, the Board finds no basis for removing or amending any titling action that resulted from the MPR in question.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
4. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
___teo __ ___tbr___ __ao____ DENY APPLICATION
| CASE ID | AR2002083402 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2003/04/01 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. 328 | 134.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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