RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 January 2006
      DOCKET NUMBER:  AR20050003150


      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. John J. Wendland, Jr.         |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Mr. Randolph J. Fleming           |     |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, that all references on file in his
Army record, at the Criminal Investigation Division, and other agencies
relating to a
20 November 2002 wrongful use of cocaine charge be expunged from his
record.

2.  The applicant states, in effect, that he made a mistake while serving
in the U.S. Army that resulted in his reduction in rank and the loss of
money.  He states that he overcame this incident and served the remainder
of his time; however, when a background check is conducted on him, this
incident is revealed.  He adds that he lost his job with the United States
Postal Service when this incident was revealed and it is unjust for him to
have to continue paying for this mistake.

3.  The applicant provides no documentary evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 31 October 2003, the date of his release from active duty.
 The application submitted in this case is dated 15 February 2005.

2.  The applicant’s record shows he enlisted in the Regular Army and
entered active duty on 2 June 1997.  He was trained in, awarded, and served
in military occupational specialty (MOS) 63H (Track Vehicle Repairer) and
the highest rank he attained while serving on active duty was sergeant
(SGT)/pay grade E-5.  The applicant's record further shows that he was
honorably released from active duty on 31 October 2003, in the rank of
specialist/pay grade E-4, upon completion of required active service, after
serving on active duty for a total of 6 years,
4 months, and 29 days.

3.  The applicant's Official Military Personnel File is absent any record
of non-judicial punishment (NJP) having been imposed under the provisions
of Article 15 of the Uniform Code of Military Justice (UCMJ).

4.  In the processing of this case, a Criminal Investigation Division (CID)
and/or Military Policy (MP) Report was requested from the Director, Crime
Records Center, U.S. Army Criminal investigation Command, Fort Belvoir,
Virginia.
In response, a copy of United States Department of Justice, Federal Bureau
of Investigation, Criminal Justice Information Services Division,
Clarksburg, West Virginia, Identification Record, pertaining to the
applicant was provided.  This document shows, in pertinent part, that on 20
November 2002, the applicant was charged with wrongful use of cocaine.
This document also shows that a field grade Article 15 (NJP) was imposed
against the applicant and punishment consisted of reduction from the grade
of E-5 to the grade of E-4, forfeiture of $1,680.00 (suspended), 45 days
extra duty, and 45 days restriction.

5.  On 13 September 2005, the Director, Crime Records Center, U.S. Army
Criminal investigation Command, Fort Belvoir, Virginia, responded via
memorandum to the applicant's request indicating that, at the time the
Report of Investigation was completed pertaining to the applicant, the
legal standard for titling and indexing an individual as the subject of a
criminal investigation was established by Department of Defense
Instructions (DODI) 5505.7.  It also stated that, within Department of the
Army, the standard is "organizations engaged in the conduct of criminal
investigations shall place the names and identifying information pertaining
to subjects of criminal investigations in the title blocks of investigative
reports and the Defense Clearance and Investigations Index (DCII). Titling
and indexing in the DCII shall be done as early in the investigation as it
is determined that credible information exists that the subject committed a
criminal offense".

6.  The Director, Crime Records Center (Fort Belvoir) also pointed out that
judicial or adverse administrative actions shall not be taken against
individuals or entities based solely on the fact that they have been titled
or indexed due to a criminal investigation.  Once a person is properly
titled and indexed in the DCII, that person's name will only be removed in
the case of mistaken identify (i.e., the wrong person's name was placed in
the report of investigation as a subject or entered into the DCII) or if it
is later determined a mistake was made at the time the titling and/or
indexing occurred in that creditable information indicating that the
subject committed a crime did not exist.

7.  The Director, Crime Records Center (Fort Belvoir) further stated that
an individual has the right to challenge the investigative findings of the
report of investigation pursuant to Army Regulation 195-2 (Criminal
Investigation Activities).  Requests to amend U.S. Army Criminal
Investigation Command reports of investigation will be granted only if the
individual submits new, relevant and material facts that are determined to
warrant revision of the report.  The burden of proof to substantiate the
request is upon the individual  The document also emphasized that the
conclusion reflected in the investigative summary is an investigative
determination that is independent of whether judicial, non-judicial, or
administrative action was taken against the subject, or the results of such
action.

8.  The Director, Crime Records Center (Fort Belvoir) provided a copy of
the memorandum directly to the applicant.  To date, the applicant has not
responded or provided any additional information to this Agency.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to remove all references to titling actions
from his Army records because it impacts his employment opportunities was
carefully considered.  However, this factor is not sufficiently mitigating
to warrant the requested relief.

2.  The evidence of record confirms that the applicant was charged with
wrongful use of cocaine and shows that NJP was imposed for the offense.

3.  The applicant's Official Military Personnel File is absent any
documentation related to the 20 November 2002 charge concerning wrongful
use of cocaine. Therefore, no action is required by this Board regarding
the applicant's request to correct his Official Military Personnel File.

4.  By law and regulation, titling only requires credible information that
an offense may have been committed.  In addition, 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.  Therefore, based on the evidence of record
regarding the 20 November 2002 charge of wrongful use of cocaine, it is
concluded that there is insufficient evidence to satisfy this removal
criteria in this case.

5.  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 subject has failed to
submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__WDP__  __TMR__  __RJF___  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 for correction of the
records of the individual concerned.





                                  ___WILLIAM D. POWERS_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003150                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060105                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20031031                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 4                   |
|DISCHARGE REASON        |Completion of Required Active Service   |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |126.0400.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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