MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            1 April 2003
	DOCKET NUMBER:   AR2003083402

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. William Blakely		Analyst	

The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Thomas B. Redfern		Member	
	Mr. Thomas E. O’Shaughnessy, Jr.		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                            records
	Exhibit B - Military Personnel Records (including
	                  advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that a Military Police Report (MPR) dated 
11 July 1993 that was filed in crime records (Defense Central Investigations Index-DCII) and any related documents be expunged from the DCII and any related crime records that reflect this titling action.

APPLICANT STATES:  In effect, although no error occurred in the initial filing of the MPR, he deems its continued existence as unjust treatment.  He states that the incident cited in the report occurred in 1993, and he has since served without incident for approximately nine years.  He claims that the resurgence of this report had recently hindered his career because its existence prohibited his selection as a drill sergeant.  He also states that the report is not on file in his Official Military Personnel File (OMPF), and he was totally unaware of its presence until he was disqualified from drill sergeant duty.  In support of his application, he submits five letters of support, orders awarding three Army Good Conduct Medals, and documents that he received from the Crime Records Center of the Criminal Investigation Command (CIC).  

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted into the Regular Army on 9 July 1991, and he has continuously served on active duty since that time.  He is currently a staff sergeant/E-6 (SSG/E-6), and he is assigned to Fort Bragg, North Carolina.

The record shows that on 11 July 1993, the applicant was involved in a verbal altercation with his wife that escalated into a physical altercation.  The incident escalated when his wife struck and scratched him on the right arm, and the applicant responded by throwing his wife on the bed.  The applicant was taken into custody and advised of his legal rights.  He waived his rights and submitted a written statement admitting to the offense. 

As a result of this incident, the applicant’s unit commander took administrative action by issuing the applicant a letter of warning based on his offense of engaging in a mutual affray with a family member.  

The record also confirms that the applicant requested an amendment of the MPR and removal from the DCII which was denied by the CID on 2 August 2001.  On 20 May 2002, the applicant appealed this denial.  This appeal was forwarded from the CID to the Department of the Army Privacy Review Board in Springfield, Virginia, the appeal authority on this action.  However, there is no record of any final action being taken on this appeal. 

Department of Defense Instruction (DODI) 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.  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 (DCII) is to show either mistaken identity or a complete lack of credible evidence to dispute the initial titling determination.  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The Board notes the applicant’s request that the MPR report and related documents and records be removed from the DCII and associated crime files because its continued existence is unjust.  However, it finds an insufficient evidentiary basis to support this requested relief. 

2.  DOD guidance specifies that to administratively remove a subject’s name from the DCII, mistaken identity or a complete lack of credible evidence to dispute the initial titling determination must be shown.  The evidence of record confirms that a law enforcement investigation established that the applicant engaged in a mutual affray with a family member and that he admitted guilt of this offense.  Therefore, in view of the facts of this case, and the failure of the applicant to provide evidence that satisfies this burden of proof, the Board finds no basis for removing or amending any titling action that resulted from the MPR in question. 

3.  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.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___teo __  ___tbr___  __ao____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002083402	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/04/01	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  328	134.0000	
2.		
3.		
4.		
5.		
6.