I've Been Titled

Transcript

1 TITLED! ’ – What Does I’ve Been ‘ That Mean and How Can I Fix It? Q. What is Titling? Titling is the decision to place the name of a person in the ‘ A. ’ block of a CID subject report of investigation (ROI). Unlike a criminal conviction, which requires proof beyond a reasonable doub t, to title someone only requires existence of credible information that a person committed a criminal offense. Legally, this is a very low standard, far below the standard required at trial by a court of law . Titling is not a legal or judicial decision, it is an operation procedure used by CID. ’m going to trial? Q. If I ’m titled, does that mean I A a titling decision is not a legal or judicial decision. Titling . N ot always. Remember, does not mean an individual has been arrested, charged or convicted of a crime. The primary purpose of titling is to ensure that information contained in the CID report can be retrieved for law enforcement and security purposes. Once a person is titled, the ROI is indexed in the Defense Clearance and Investigations Index (DCII) . If the person being titled is in the Army, they will also be indexed in the Army Crimes (CRC) ndexed in the DCII and the CRC means that the titling . Being i Center Records can follow you around and be accessed when you apply for some types of jobs, especially federal jobs. Think of it as similar in some ways to an arrest. There might be enough evidence to arrest a person, but not enough to go to trial. Even though the person does not have a conviction, a check of their criminal history might show an arrest that the person will need to explain to a future employer. Q. Can Titling affect military AND civilian careers ? may be used for a variety of Yes. The information contained in these databases A. purposes such as: making civilian employment decisions, military assignment decisions, such as battalion and brigade commander assignments, military promotion decisions and security determinations More than 27 agencies have access to the DCII and it receives approximately 35,000 This information is retrievable from DCII and CRC for 40 requests for information a day. years. 2018 June

2 Q. Can my command take any actions based solely upon the Titling decision? Yes. If a Soldier is titled, his or her commander will be notified. Additionally, a A. commander may flag a Soldier based on an initial ROI. A commander may also recommend suspension of a Soldier or DoD civilian’s security clearance. An individual who has been titled will also have his or her name listed in the D CII , which is a computerized registry that contains all DoD investigations. Q. Am I allowed to request an amendment to the CID Report and titling decision? A. Yes, but you bear the burden of proof of substantiating the request. It is nearly impossible to get “untitled,” i.e. getting your name removed from the ROI. To have a name removed, a person must conclusively establish that the wrong person’s name has been entered as a result of mistaken identity. But wait - there ’s another tactic you can try. The good news is that it is much easier to amend the ROI from founded to unfounded. . If you do not have a copy, you must submit a request The first step is getting the ROI under the Privacy Act of 1974 to the director of CRC at: Director , U.S. Army Crime Records Center, Attention: Freedom of Information/Privacy Act Division, US Army Records Center, 27130 Telegraph Road, Quantico, VA 22134. Next, the Soldier comes to the legal assistance office for help in drafting a memorandum, with supporting documentation, on why the amendment to the ROI should be granted. (Please be aware that “new and relevant” information we need to bring your request for a formal review does not include inf ormation about career goals, exemplary changes in life, and similar justifications . These will not be considered as a basis for the decision to amend.) After receipt of the request to amend, the CRC will then forward these documents to the CID Staff Judge Advocate and the CID Investigative Operations Section. If everybody agrees then the ROI will be amended. If this approach fails, the Soldier can apply for redress with the Army Board for Correction of Military Records. Your Legal Assistance Office can also help you with this process as well . Q. I ’m out of the Army and no longer entitled to Legal Assistance services. Can you provide further informatio n on how to amend the CID report? Code of Federal Regulations (CFR) § 633.12 , . Here ’s the exact language from 32 A Amendment to CID reports , which says “USACIDC reports of investigation (ROI) are exempt from the amendment provisions of the Privacy Act and AR 340 -21. Requests for 2018 June

3 amendment will be considered only under the provisions of this regulation. Requests to amend USACIDC reports will be granted only if the individual submits new, relevant and material facts that are determined to warrant their inclusion in or revision of the ROI. The burden of proof is on the individual to substantiate the request. Requests to delete a person's name from the title block will be granted only if it is determined that there is not probable cause to believe that the individual committed the offense for which he or she is listed as a subject. It is emphasized that the decision to list a person's name in the title block of a USACIDC report of investigation is an investigative determination that nonjudicial or administrative action is independent of whether or not subsequent judicial, is taken against the individual. Within these parameters, any changes in the ROI rest within the sole discretion of the Commanding General. USACIDC, whose decision will constitute final action on behalf of the Secretary of the Army with respect to this regulation. ” You should send your request for amendment, along with new and relevant information, to: Director , U.S. Army Crime Records Center, Attention: Freedom of Information/Privacy Act Division, US Army Records Center, 27130 Telegraph Road, Quantico, VA 22134. The Army Here ’s a link to an excellent article by MAJ Patricia A. Ham, printed in the the Titling process in greater depth. Lawyer , explaining -1998.pdf https://www.loc.gov/rr/frd/Military_Law/pdf/08 Q. What if I have more questions? -545 A. If you entitled to Legal Assistance, please call 706 -3281/3282 and schedule an appointment with a legal assistance attorney at the Office of the Staff Judge Advocate, Maneuver Center of Excellence, Fort Benning, GA. Office of the Staff Judge Advocate Legal Assistance Office 6450 Way Avenue Fort Benning, GA 31905 706- -3281/3282 545 2018 June

Related documents

June2018CUR

June2018CUR

CHANCELLOR'S UNIVERSITY REPORT JUNE 25 2018

More info »
OctoberCUR2018

OctoberCUR2018

CHANCELLOR'S UNIVERSITY REPORT OCTOBER 29 2018

More info »
MCO 1200.17E MILITARY OCCUPATIONAL SPECIALTIES MANUAL (SHORT TITLE: MOS MANUAL)

MCO 1200.17E MILITARY OCCUPATIONAL SPECIALTIES MANUAL (SHORT TITLE: MOS MANUAL)

DEPAR T MENT THE NAVY OF ADQ UARTE UNI T ED ST ATE S MAR INE CORPS HE RS RINE COR N PS PENT 3000 MA AGO 20350-3000 NGTON, HI D.C. W AS 7E 00 .1 12 MCO 465 c AUG 0 8 013 2 ORDER 1200.17E MARINE CORPS C...

More info »
G:\COMP\PHSA\PHSA.bel

G:\COMP\PHSA\PHSA.bel

G:\COMP\PHSA\PHSA-MERGED.XML PUBLIC HEALTH SERVICE ACT [As Amended Through P.L. 115–408, Enacted December 31, 2018] References in brackets ¿ ø¿ ø are to title 42, United States Code TITLE I—SHORT TITL...

More info »
Motor Vehicle Title Manual

Motor Vehicle Title Manual

M OTOR V EHICLE T ITLE M ANUAL TxDMV April 2019

More info »
DoD7045.7H

DoD7045.7H

DoD 7045.7-H EPARTMENT OF D EFENSE D F UTURE Y EARS D EFENSE P ROGRAM (FYDP) S TRUCTURE Codes and Definitions for All DoD Components Office of the Director, Program Analysis and Evaluation A pril 2004

More info »
DEC CUR

DEC CUR

CHANCELLOR'S UNIVERSITY REPORT DECEMBER 10, 2018

More info »
E:\PUBLAW\PUBL031.115

E:\PUBLAW\PUBL031.115

131 STAT. 135 PUBLIC LAW 115–31—MAY 5, 2017 * Public Law 115–31 115th Congress An Act Making appropriations for the fiscal year ending September 30, 2017, and for May 5, 2017 other purposes. [H.R. 244...

More info »
C:\Users\aholmes4\AppData\Roaming\SoftQuad\XMetaL\7.0\gen\c\H5515 ~1.XML

C:\Users\aholmes4\AppData\Roaming\SoftQuad\XMetaL\7.0\gen\c\H5515 ~1.XML

H. R. 5515 One Hundred Fifteenth Congress of the United States of America AT THE SECOND SESSION Begun and held at the City of Washington on Wednesday, the third day of January, two thousand and eighte...

More info »
aldine.indd

aldine.indd

Aldine Press Books at the Harry Ransom Humanities Research Center The University of Texas at Austin A Descriptive Catalogue by Craig W. Kallendorf ‡ Maria X. Wells Austin Harry Ransom Humanities Resea...

More info »
ppacacon

ppacacon

111 TH C ONGRESS " ! LEGISLATIVE COUNSEL P RINT 111–1 2d Session COMPILATION OF PATIENT PROTECTION AND AFFORDABLE CARE ACT [As Amended Through May 1, 2010] INCLUDING P ATIENT P ROTECTION AND A FFORDAB...

More info »
CRPT 116hrpt9 u2

CRPT 116hrpt9 u2

U:\2019CONF\HJRes31Front.xml APPRO. SEN. [COMMITTEE PRINT] REPORT { } CONGRESS 116TH 1st HOUSE OF REPRESENTATIVES Session 116- FURTHER APPROPRIATIONS FOR MAKING CONTINUING OF HOMELAND SECURITY FOR THE...

More info »
doj final opinion

doj final opinion

UNITED STAT ES DIS TRICT COURT IC F OR THE D ISTR T OF CO LU M BIA UNITED STAT F AMERICA, : ES O : : la in t if f, P 99 No. on cti l A vi Ci : 96 (GK) -24 : and : TOBACCO-F UND, : REE KIDS ACTION F : ...

More info »
1718FSAHbkVol5Master

1718FSAHbkVol5Master

Volume 5 Withdrawals and the Return of Title IV Funds Table of Contents Introduction to Volume 5 5–1 ... Chapter 1—Withdrawals and the Return of Title IV Funds 5–3 ... 5–3 Withdrawals ... ... General ...

More info »
title17

title17

c i r c u l a r 9 2 Copyright Law of the United States and Related Laws Contained in Tıtle 17 of the United States Code december 2016 t

More info »
LawReferenceBook2018

LawReferenceBook2018

California Contractors License Law & Reference Book 2018 Edition With Rules and Regulations Contractors State License Board State of California Edmund G. Brown, Jr., Governor

More info »
C:\Users\cbenson\AppData\Roaming\SoftQuad\XMetaL\7.0\gen\c\h803 enr.xml

C:\Users\cbenson\AppData\Roaming\SoftQuad\XMetaL\7.0\gen\c\h803 enr.xml

H. R. 803 One Hundred Thirteenth Congress of the United States of America AT THE SECOND SESSION Begun and held at the City of Washington on Friday, the third day of January, two thousand and fourteen ...

More info »
Microsoft Word   147400

Microsoft Word 147400

Federal Communications Commission FCC 15 -24 the Before Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) GN Docket No. 14 -28 Protecting and Promoting the Open Internet ) ...

More info »
GPO PLUMBOOK 2016

GPO PLUMBOOK 2016

[COMMITTEE PRINT] RT . 114–26 S. P UNITED STATES GOVERNMENT Policy and Supporting Positions f Committee on Homeland Security and Governmental Affairs United States Senate 114th Congress, 2d Session DE...

More info »
20160920 Fiaf Manual WEB

20160920 Fiaf Manual WEB

T he FIAF Moving Image Cataloguing Manual

More info »