IN THE CASE OF:
BOARD DATE: 10 October 2013
DOCKET NUMBER: AR20130015859
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, in effect, removal of the U.S. Army Criminal Investigation Command (USACIDC) also known as CID)) Report of Investigation (ROI) Number 2010-CID0**-2****-7F from the Defense Central Investigations Index (DCII).
2. The applicant states the CID ROI is marked in his records as if he was found guilty under probable cause. He further states his case was dismissed because there was no evidence he intentionally committed the offense.
3. The applicant provides a letter from Trial Defense Services (TDS) showing his case was dismissed in addition to numerous bank statements showing he paid everything he was supposed to pay up to the time he received the petition.
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving on active duty in the Regular Army in the rank/grade of sergeant/E-5.
2. The applicant's Army Military Human Resource Record is devoid of the facts and circumstances surrounding his criminal charges. These proceedings are based upon evidence and commentary provided by the applicant.
3. The applicant provides a DA Form 4856 (Developmental Counseling Form) dated 26 February 2010, which shows he was counseled for receiving approximately $8,700.00 in basic allowance for housing (BAH) that he was not authorized.
4. The applicant provides a memorandum from TDS, dated 7 April 2011, which states that all proceedings were dismissed and no disciplinary action was taken against him with regard to the overpayment of BAH.
5. The applicant provides a letter from the Director, Crime Records Center, CID, Quantico, VA, dated 14 June 2013, denying his request to correct ROI Number 2010-CID0**-2****-7F.
6. Department of Defense Instruction 5505.7 and Army Regulation 195-2 (Criminal Investigation Activities) contain the authority and criteria for titling decisions. They state, in pertinent part, that titling only requires credible information that an offense may have been committed. They further indicate 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 DCII is to show either mistaken identity or a complete lack of credible evidence to dispute the initial titling determination.
DISCUSSION AND CONCLUSIONS:
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 DCII is to show either mistaken identity or a complete lack of credible evidence to dispute the initial titling determination. The applicant has failed to provide evidence satisfying this standard for removal.
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) AR20130015859
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ABCMR Record of Proceedings (cont) AR20130015859
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