RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 October 2006
      DOCKET NUMBER:  AR20060002532


      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             |
|     |Ms. Maria C. Sanchez              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Kenneth L. Wright             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Ms. Sherry J. Stone               |     |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 at the
U.S. Army Criminal Investigation Command (USACIDC) relating to three CID
Reports of Investigation supplied to the Federal Bureau of Investigations
(FBI) be expunged from her record.

2.  The applicant states, in effect, that false information was given to
the FBI regarding the investigations and the Field Grade Articles 15 that
she received.  The applicant argues that the punishments imposed were never
implemented.

3.  The applicant provides a self-authored statement, dated 19 September
2002; a letter from the USACIDC, Fort Belvoir, Virginia, dated 5 August
2005; three CID Reports of Investigation; and three DA Forms 4833
(Commander's Report of Disciplinary or Administrative Action) in support of
her application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army on 10 February 1997 for a period of
three years.  After completion of basic and advanced individual training,
she was awarded military occupational specialty 55B (Ammunition
Specialist).  In September 2002, she reenlisted and served in Germany
during the period 19 October 2000 to October 2003 [day unreadable].  The
applicant was honorably released on 28 March 2004.

2.  The applicant submitted a U.S. Army Criminal Investigation Command
(CIC) letter, dated 5 August 2005, responding to her request for release of
information. The Director, Crime Records Center informed the applicant that
the Department of Defense Instruction (DODI) 5505.11 established policies
and procedures for reporting criminal history data to the FBI National
Crime Information Center (NCIC), Identification Division of the FBI, for
all military service members investigated by DOD criminal investigative
organizations for commission of certain offenses and who are subjects of
resultant judicial or non-judicial military proceedings.

3.  The Director, Crime Records Center continued that the reporting of
information to the NCIC depends on the punishment received.  The Director,
Crime Records Center provided the applicant three USACIDC Reports of
Investigation which list her as the subject.  The Director, Crime Records
Center further informed the applicant that retention of the criminal
history data in the NCIC conforms to DOD policy and that her name would
remain in the NCIC.

4.  The applicant submitted a CID Report of Investigation 0082-01-CID137-
XXXX3, dated 11 June 2001.  The CID Report of Investigation indicated that
the applicant was investigated for wrongful distribution of hallucinogens,
wrongful possession of hallucinogens, and wrongful use of hallucinogens.
The Investigative Summary of this report states in part, that "PFC [name
omitted] admitted to using ecstasy she obtained from the [applicant] around
21 Feb 01 [21 February 2001], but denied any other involvement with
controlled substances."  The Investigative Summary also states
"Investigation also established probable cause to believe [the applicant]
committed the offense of Wrongful Distribution and Possession of
Hallucinogens, when she provided PFC [name omitted] ecstasy on 21 Feb 01,
and Wrongful Use of Controlled Substances as she also tested positive of
MDMA [Methlendioxymethamphetamine] on the urinalysis test administered on 7
Feb 01 [7 February 2001]."

5.  Records show this CID investigation was final and the investigation was
terminated based on that fact that the offense was committed by a person
who was no longer subject to the UCMJ, there were no violations of federal
criminal statutes with which the person can be charged, and no other Army
interest exists.

6.  The applicant submitted a DA Form 4833, dated 11 August 2001.  Item 11a
(Offense(s)) shows the following entries:  "Wrongful Distribution of
Hallucinogens", "Wrongful Possession of Hallucinogens", and "Wrongful Use
of Hallucinogens."  Item 12 (Action Taken) shows the applicant was referred
to the Drug/Alcohol Abuse program and given a nonjudicial punishment which
consisted of a reduction in grade to private and extra duty for 45 days.

7.  The applicant submitted a CID Report of Investigation 0130-01-CID137-
XXXX5, dated 11 June 2001.  The CID Report of Investigation indicated that
the applicant was being investigated for wrongful use of hallucinogens.
The Investigative Summary of this report, states in part, that:

      "About 1530, 6 Jun 01 [6 June 2001], this office was notified by 1SG
[name omitted] HHC, 1/1 Aviation Battalion (AVN), Katterbach Kaserne,
Ansbach, Germany, APO AE 09250, that SPC [applicant's name], tested
positive for Ecstasy and SPC [name omitted] tested positive for ecstasy and
Marihuana/Hashish during a unit urinalysis test administered on 7 May 01 [7
May 2001].  Investigation established probable cause to believe SPC
[applicant's name] and SPC [name omitted] committed the offense of Wrongful
Use of a Controlled Substance when SPC [applicant's name] submitted a urine
sample
which tested positive for Methlendioxymethamphetamine (MDMA), the active
ingredient in ecstasy, and SPC [name omitted] submitted a urine sample
which tested positive for MDMA and tetrahydracannabinal, the active
ingredient in marihuana and hashish."

8.  The status of this CID investigation shows the report was final and a
Commander's Report of Disciplinary Action was pending.

9.  The applicant submitted a DA Form 4833, dated 11 September 2001.  Item
11a (Offense(s)) shows the following entry:  "Wrongful Use of
Hallucinogens." Item 12 (Action Taken) shows the applicant was referred to
the Drug/Alcohol Abuse Program and given nonjudicial punishment which
consisted of a reduction in grade to private and extra duty for 45 days.

10.  The applicant submitted a CID Report of Investigation 0065-01-CID137-
XXXX0, dated 11 July 2001.  The CID Report of Investigation indicated that
the applicant was being investigated for wrongful possession of
hallucinogens, wrongful possession of marijuana, wrongful use of
hallucinogens, and wrongful use of marijuana.  The Investigative Summary of
this report, states in part, that:

      "About 2000, 25 Feb 01 [25 February 2001], CPT [name omitted]
Commander, HHC, 4th Aviation Brigade (AVN), Katterbach Kaserne, Ansbach,
Germany, APO AE 09250, reported PFC [name omitted] had alleged SPC
[applicant's name] had used ecstasy and cocaine.  Investigation established
probable cause to believe SPC [applicant's name] committed the offenses of
Wrongful Use and Possession of Controlled Substances, when she admitted to
using ecstasy and marijuana at the clubs U60311 and Babylon, SPC
[applicant's name] further admitted to using ecstasy with PFC [name
omitted] and PFC [name omitted] while at the clubs.  Investigation
established probable cause to believe PFC [name omitted] committed the
offenses of Wrongful Use and Possession of Controlled Substances when she
admitted to using ecstasy at the club U60311 with SPC [applicant's name].
She also admitted to smoking marijuana while in Amsterdam with SPC
[applicant's name].  Investigation
established probable cause to believe PFC [name omitted] committed the
offense of Wrongful Use and Possession of a Controlled Substance, when SPC
[applicant's name] provided a sworn statement, wherein, she stated she had
used ecstasy with SPC [applicant's name] at the club U60311."

11.  The status of this CID investigation shows the report was final and
that the investigation was terminated based on the fact that the special
agent-in-charge determined furtherance of the investigation would be of
little or no value and that the leads remaining to be developed were not
significant.

12.  The applicant submitted a DA Form 4833, dated 11 October 2001.  Item
11a (Offense(s)) shows the following entries:  "Wrongful Possession and Use
of Hallucinogens" and "Wrongful Possession and Use of Marihuana."  Item 12
(Action Taken) shows the applicant was given a nonjudicial punishment which
consisted of a reduction in grade to private and extra duty for 45 days.

13.  On 28 March 2004, the applicant was separated from the Army with an
honorable discharge.  The applicant's DD Form 214 issued to her at the time
confirms the authority for her separation was chapter 8 of Army Regulation
635-200 and the reason for her separation was pregnancy.

14.  The applicant submitted a self-authored statement, dated 19 September
2005.  She states that the information reported from the CIC to the FBI is
incorrect.  The applicant continues that the CIC responded to her request
for review of her records by providing copies of three CID Reports of
Investigation and three DA Forms 4833.  She states that in July 2001,
several members of her unit including herself were involved in an
investigation in which no adverse actions were taken.

15.  The applicant continues that a review of the documents the CIC
provided her contained obvious mistakes with incorrect dates, offenses,
etc.  She concludes the information provided to the FBI regarding the
offenses and the punishments imposed against her are false.

16.  The applicant submitted a self-authored statement, dated 5 September
2006.  She states that the CIC reflects three separate entries of charges
even though she was only charged and punished for one.  The applicant
continues that in May 2005, she was fired from her job based on an FBI
report showing charges against her on three separate occasions for drug
offenses.


17.  The applicant states that she received an Article 15 for wrongful use
of hallucinogens on 1 July 2001 which resulted in her reduction in grade to
private/E-1 and 45 days extra duty.  She continues that the next two
offenses listed on the FBI report never took place and she did not receive
the punishments.  The applicant concludes she was charged and punished for
only one offense.

18.  Department of Defense Instruction 5505.11 establishes policy, assigns
responsibilities, and prescribes procedures for Department of Defense (DoD)
criminal investigative and law enforcement organizations to report offender
criminal history data to the Criminal Justice Information Services (CJIS)
Division of the Federal Bureau of Investigation (FBI) for inclusion in
National Crime Information Center (NCIC) criminal history databases.  In
part, it states that fingerprints and all information required by the
Federal Document (FD) 249 (Suspect Fingerprint Card), shall be obtained
from military subjects under investigation by a DoD criminal investigative
or law enforcement organization for offenses list in Enclosure 3.

19.  Enclosure 3 of DoD Instructions 5505.11 lists offenses under Sections
801 – 946 of 10 U.S.C., that require submission of offender criminal
history data to the CJIS Division, FBI, by the DCIOs [defense criminal
investigative organization] and all other DoD Law Enforcement
organizations.  This enclosure lists Article 112a (Wrongful use,
possession, etc., of controlled substances).

20.  DoD Instructions 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.  If 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 is to show either mistaken identity or a complete lack
of credible evidence to dispute the initial titling determination.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests removal of all CID investigations from her
records and the FBI database because it has impacted her employment.

2.  The evidence of record confirms the applicant was involved in three CID
investigations for wrongful distribution, use, and possession of illegal
drugs.  It further shows that all three CID investigations conducted
established probable cause to believe she committed the offenses for which
she was investigated on three separate occasions.
3.  By law and regulation, the CID reports contain offender criminal
history data to the Criminal Justice Information Services (CJIS) Division
of the Federal Bureau of Investigation (FBI) for inclusion in National
Crime Information Center (NCIC) criminal history databases, which includes
violation of Article 112a (Wrongful use, possession, etc., of controlled
substances).

4.  The applicant has not provided sufficient documentary evidence which
shows that the CID reports were inaccurate or unjust.

5.  By law and regulation, 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 is show either
mistaken identity or a complete lack of credible evidence to dispute the
initial titling determination.  Therefore, notwithstanding that fact that
two of the CID investigations were terminated, it is concluded that there
is insufficient evidence to satisfy the removal of the reports in this
case.

6.  The applicant has also failed to show that the titling decisions are
unjust or cause her undue harm.  The applicant fails to provide proof that
her employee terminated her based salary on the CID reports naming her in
drug related investigations.  Even if that was the sole basis for her
termination, the applicant failed to demonstrate that such a result was
unjust.  The CID reports accurately report investigations and are supported
with facts establishing that the applicant engaged in the activities
investigated.  While such activities may later carry consequences, that
alone is insufficient to warrant equitable relief.

7.  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 subjects have failed to
submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_KLW___  _SJS___  _TMR____  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.




                                     _Kenneth L. Wright__
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060002532                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061003                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  281  |126.0400.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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