RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           15 February 2005
      DOCKET NUMBER:  AR20040003642


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Jennifer L. Prater            |     |Chairperson          |
|     |Mr. Thomas A. Pagan               |     |Member               |
|     |Mr. Kenneth W. Lapin              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, reconsideration of her request that
her name be removed from the title block of a Criminal Investigation
Division (CID) Reports of Investigation (ROI), dated 28 September 1999 and
26 January 2000 and a Military Police Report (MPR), dated. 7 May 1999.

2.  The applicant states, in effect, that the alleged incidents that
resulted in her being titled by the CID were false and unsubstantiated.
She claims the larceny at Fort Sill, Oklahoma did occur over 15 years ago
and her personal record had been excellent since that time.  She states
that she deserves the right to have a normal life without being marked as a
terrorist in these times.  She indicates she is providing proof that the
allegations were not justified and that she has tried to be a better
person.  She concludes by indicating that she just wants the opportunity to
be able to take care of her children without assistance.

3.  The applicant provides the following documents in support of her
application: Self-Authored Statement, Medical Records, Counseling
Statements, Unit Director Statement and Recommendations Letters.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records that were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR2002081776 on
4 September 2003.

2.  The record shows the applicant was a subject of a 7 May 1999 MPR for
the offense of making terrorist threats.  The applicant voluntarily made a
statement admitting to the threats, but indicted they were directed towards
only one individual.

3.  The record also shows the applicant was titled on a 28 September 1999
CID ROI for false swearing, making a false official statement, and
insurance fraud.  The applicant admitted to filing a false insurance claim
with State Farm Insurance Company.

4.  The record further shows that on 26 January 2000 the applicant was
titled on a CID ROI for altering a public record, making a false statement
and obtaining services under false pretenses.
5.  During its original review of the case, the Board found the applicant
failed to submit sufficient evidence to show the record was in error or
unjust.  It concluded that while the applicant’s claim of harassment was
substantiated, there was no connection between that issue and the applicant
being the subject of the MPR and CID ROIs in question.

6.  The applicant provides, as new evidence, several documents that she
claims proves harassment.  A notice of termination from the Department of
Air Force based on derogatory information on file that she claims proves
she was denied employment and several letters of recommendation and
commendation that she claims proves her real character.

7.  Department of Defense Instructions (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 AND CONCLUSIONS:

1.  The new evidence and argument provided by the applicant was carefully
considered.  However, the issues raised by the applicant are not
sufficiently mitigating to support an amendment to the original Board
decision in this case.

2.  By regulation, the only way to administratively remove a titling action
is to show either mistaken identity or a complete lack of credible evidence
to dispute the initial titling determination.  The evidence of record
confirms there was more than sufficient probable cause to support the
titling actions on the applicant.  Further, the applicant admitted to many
of the offenses for which she was titled.  Therefore, it is clear the
regulatory criteria to remove a titling action has not been satisfied in
this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JLP__  ___TAP _  ___KWL_  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis to amend the decision of
the ABCMR set forth in Docket Number AR2002081776, dated 4 September 2003.





            ____Jennifer L. Prater_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040003642                           |
|SUFFIX                  |                                        |
|RECON                   |AR2002081776  2003/09/04                |
|DATE BOARDED            |2005/02/15DD                            |
|TYPE OF DISCHARGE       |N/A                                     |
|DATE OF DISCHARGE       |N/A                                     |
|DISCHARGE AUTHORITY     |N/A                                     |
|DISCHARGE REASON        |N/A                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  281  |126.0400                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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