IN THE CASE OF:	  

		BOARD DATE:	 19 October 2010 

		DOCKET NUMBER:  AR20100020265 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that all evidence of any titling be removed from the records maintained by the U. S. Army Criminal Investigation Command's (USACIDC) Crime Records Center for him and his spouse.  

2.  The applicant states, in effect, that while he was stationed at Fort Richardson, Alaska he was taken in for questioning by the USACIDC and charged with defrauding the Government by claiming that he and his spouse drove two vehicles from Texas to Alaska during their permanent change of station move when in fact they drove one vehicle and towed the second vehicle.  He admits to filing the finance claim as described based on a finance clerk's instruction but he states he did not receive any funds for the second vehicle.  He was given a letter of reprimand by his battalion commander for this infraction.  The applicant also states the charges brought about by the USACIDC and the other harassment his family endured was due to his spouse (a family child care provider) notifying authorities of possible child abuse by a neighbor.

3.  The applicant provides copies of three letters of appeal sent to the Director of U.S. Army Crime Records Center requesting the charges bearing his and his spouse's names be deleted from their records, the responses the applicant received from the USACIDC, and a copy of a letter of support from his company commander at the time of the charges.




CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 5 April 2001 and served continuously through reenlistments.  He was awarded the military occupational specialty of power-generation equipment repairer and promoted to pay grade 
E-5.

2.  The appeal letters written to the USACIDC state the applicant's spouse was never questioned by any investigative authority regarding the matter for which she and the applicant were titled by the USACIDC.  These letters indicate that while the applicant was stationed at Fort Richardson, Alaska he was taken in for questioning by the USACIDC and charged with defrauding the Government.  The reason given was the applicant claimed he and his spouse drove two vehicles from Texas to Alaska during their permanent change of station move when in fact they drove one vehicle and towed the second vehicle.  The applicant admits he filed the finance claim as described based on the finance clerk's instruction but that he did not receive any funds for driving a second vehicle.  The letters indicate these charges and the harassment the applicant's family incurred was due to his spouse notifying authorities of possible child abuse by a neighbor.

3.  A USACIDC letter to the applicant, dated 28 April 2010, in response to the applicant's request for amendment of the Report of Investigation (ROI), stated the amendment request was partially granted.  It stated it should be noted that the offense for which the applicant's spouse was initially charged had been listed as "insufficient" and the narrative of the report had been changed.  It further stated that after careful review and consideration and in accordance with Army Regulation 195-2 (Criminal Investigation Activities) the request for amendment of the investigative findings of the ROI as it pertained to the applicant was denied.

4.  In a letter of support for his spouse's pursuit of a position as a Family Child Care provider at Fort Drum his then company commander states his spouse took her responsibilities as a provider to heart and reported a family to the proper authorities for child abuse.  The letter further states the applicant admitted he submitted the paperwork to finance listing both family cars as being driven.  The letter indicates the infraction was handled internally and the applicant received a letter of reprimand from the battalion commander which was filed locally.  It states all other Uniform Code of Military Justice (UCMJ) action was discontinued and no money was received by the applicant.

5.  Army Regulation 195-2 prescribes Department of the Army policy on criminal investigation activities and constitutes the basic authority for the conduct of investigations and the collection, retention and dissemination of criminal information.  It states that requests to amend or unfound offenses in USACIDC ROIs will be granted if the requestor submits new, relevant, and material facts that are determined to warrant revision of the report.  The burden of proof to substantiate the request rests with the individual.  Requests to delete a person's name from the title block will be granted if it is determined that creditable information did not exist to believe that the individual committed the offense for which titled as a subject at the time the investigation was initiated, or the wrong person's name had been entered as a result of mistaken identity.  The regulation further states the decision to list a person's name in the title block of a USACIDC ROI is an investigative determination that is independent of judicial, nonjudicial, or administrative action taken against the individual or the results of such action.  Within these parameters, the decision to make any changes in the report rests within the sole discretion of the Commanding General, USACIDC.  The decision will constitute final action on behalf of the Secretary of the Army with respect to requests for amendment under this regulation.

6.  Army Regulation 195-2, paragraph 4-3d(1) states that the disclosure of criminal intelligence originated or maintained by the USACIDC may be made to any federal, state, local, or foreign law enforcement agency that has an investigative or law enforcement interest in the matter disclosed, provided the disclosure is not in contravention of any law, regulation, or directive, as applied to law enforcement activities.  Disclosures under this paragraph to a non-Department of Defense law enforcement element are a routine use under the Privacy Act.

DISCUSSION AND CONCLUSIONS:

1.  The applicant admitted listing both family cars on his travel claim as being driven even though the second had been towed.  He contends this was done because a clerk at finance told him to list it as such.

2.  The USACIDC rightfully determined that probable cause or sufficient evidence did exist to believe the applicant committed the offense for which he was titled.  In regard to his spouse, the report was changed to show the evidence was insufficient to support that she committed an offense.  As such, there is no basis for further amending or deleting the ROI.

3.  The letter from the applicant's company commander at the time speaks well of the applicant and his wife.  However, he has provided no evidence to show he did not commit the offense for which he was titled or that the disclosure of this offense is in contravention of any law, regulation, or directive, as applied to law enforcement activities.  The available evidence is not sufficient for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  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.



      _______ _   __X_____   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20100020265



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ABCMR Record of Proceedings (cont)                                         AR20100020265



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