RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 August 2006
      DOCKET NUMBER:  AR20060000882


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Jeanette R. McCants           |     |Chairperson          |
|     |Mr. Scott W. Faught               |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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 her name be removed from the
title block of a Military Police (MP) Report.

2.  The applicant states, in effect, that she was not in the Armed Forces
at the time she was titled in a MP Report in Germany.  She goes on to state
that she was titled for “Theft by Taking” in the Army and Air Force
Exchange System (AAFES) at a time when she was a civilian and the issue was
all resolved before she joined the Army.  She further states that she
desires to have her name removed from the title block of the report because
she served honorably and does not want a blemish on her records.

3.  The applicant provides no additional supporting documents other than
her explanation, with her application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 10 April 1999.  The application submitted in this case is dated
6 December 2005.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant was born on 17 May 1961 and on 23 May 1991, while she was
residing in Germany as a military dependent spouse, she was apprehended by
the Military Police for shoplifting in the main exchange.

4.  On 19 June 1991, upon completion of an investigation, a determination
was made by the Chief, Criminal Law Division that sufficient evidence
existed to title the applicant for the offense of Civilian
Misconduct/Shoplifting.  The applicant’s exchange privileges were suspended
for a period of 1 year by the installation commander.


5.  On 29 June 1993, the applicant enlisted in the Regular Army in Atlanta,
Georgia, for a period of 4 years, training as a petroleum supply specialist
and a cash enlistment bonus.  She completed her basic combat training at
Fort Jackson, South Carolina and her advanced individual training (AIT) at
Fort Lee, Virginia before being transferred to Fort Eustis, Virginia.

6.  She was advanced to the pay grade of E-4 on 1 June 1995 and on
31 October 1996, she reenlisted for a period of 3 years and assignment to
Fort Benning, Georgia.  She remained on active duty until she was honorably
discharged on 10 April 1999, under the provisions of Army Regulation 635-
40, due to disability with severance pay.  She had served 5 years, 9
months, and 12 days of total active service and received $17,143.20 in
severance pay.  She was deemed to be 20% disabled; however, the nature of
her disability is not reflected in the available records.

7.  There is no evidence in the available records to indicate that the
applicant ever applied to the United States Army Criminal Investigation
Command at Fort Belvoir, Virginia to request amendment of the Military
Police Reports.

8.  Department of Defense Instruction (DODI) 5505.7 serves as the authority
and criteria for CID titling decisions.  It states, in pertinent part, that
titling ensures investigators can retrieve information in a report of
investigation of suspected criminal activity at some future time for law
enforcement and security purposes.  Whether to title an individual is an
operational decision made by investigative officials, rather than a legal
determination made by lawyers.  Titling or indexing alone does not denote
any degree of innocence.  The criteria for titling is a determination that
credible information exists that a person (a) may have committed a criminal
offense or (b) is otherwise made the object of a criminal investigation.
In other words, if there is a reason to investigate, the subject of the
investigation should be titled.

9.  The DODI also directs that judicial or adverse actions shall not be
taken solely on the basis of the fact that a person has been titled in an
investigation.  By implication the DODI does not prohibit consideration of
titling in making judicial or administrative decisions, but does prohibit
using titling as the sole basis for those decisions.  Once an individual
has been titled, the only basis to remove a name from the title block of a
report is if it involves a case of mistaken identity.





DISCUSSION AND CONCLUSIONS:

1.  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.

2.  The issue before the Board is not one of guilt or innocence, but
whether or not she was properly titled in an MP investigation.  Based on
the available evidence, she was properly titled, there is no case of
mistaken identity, and there is no basis to remove her name from the title
block of the investigation.

3.  Inasmuch as the Army has a need to maintain such records and since it
is clear that the applicant was the subject of an investigation, there is
no error or injustice in titling the applicant as a subject of an
investigation.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 10 April 1999; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 9 April 2002.  The applicant did not file within the 3-year
statute of limitations and has not provided a compelling explanation or
evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JM____  _RCH___  _SWF___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.



2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  ___Jeanette McCant_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000882                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060824                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |328/rm                                  |
|1.134.0000              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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