When it comes to titling removal, many service members are told that these cases are difficult to win. While this is often true, the chances of success can be significantly improved by submitting new, compelling evidence that challenges the original titling decision or provides additional context. However, most resources fail to offer specific guidance on the types of evidence that can strengthen a case. At National Security Law Firm (NSLF), we believe in empowering our clients with detailed advice on how to maximize their chances for a successful titling removal.
In this blog post, we’ll dive into the specific types of evidence that can make the difference in a titling removal case, including medical records, psychological evaluations, and witness statements. If you’ve been titled in a military investigation, this guide will help you understand what kinds of new evidence are most effective in bolstering your appeal.
Step 1: Why New Evidence Is Critical
Submitting new evidence in your titling removal case is one of the most powerful tools you have to challenge the original decision. The goal is to provide information that was either not available during the initial investigation or was overlooked. By doing so, you can demonstrate that the titling decision was unjust, based on incomplete information, or influenced by errors in the investigation.
Examples of how new evidence can help:
- Contradict the original findings: If new evidence casts doubt on the original investigative conclusions, it can lead to a reassessment of the titling decision.
- Provide mitigating context: New evidence might explain or justify your actions in a way that wasn’t considered during the initial investigation, such as personal or medical factors.
- Highlight procedural errors: If new documentation reveals procedural mistakes during the investigation, this can be grounds for a titling removal.
Step 2: Types of New Evidence to Submit
- Medical Records Medical records can play a critical role in providing context or justification for actions that may have been misunderstood during the original investigation. For example:
- Physical or Mental Health Conditions: If a service member was suffering from a medical condition that influenced their actions, submitting these medical records can help explain why certain behaviors occurred.
- Injuries Sustained During Service: Medical documentation that proves an injury or condition occurred while in service can help refute claims that the service member was acting recklessly or irresponsibly.
- Treatment Records: Submitting records of treatment received after the titling decision can show that the service member has addressed any underlying issues, further supporting their request for removal.
- Psychological Evaluations A psychological evaluation can provide critical insights into the service member’s mental state at the time of the investigation, potentially offering mitigating factors that were not considered previously. For example:
- Mental Health Diagnoses: Conditions such as PTSD, anxiety, or depression may have contributed to behavior that was misinterpreted as misconduct. Submitting a professional evaluation can help explain this.
- Fitness for Duty Assessments: Evaluations that demonstrate a service member’s current mental fitness or improvement since the titling decision can bolster the argument for removal.
- Character References from Mental Health Providers: Statements from licensed mental health professionals can provide context, showing that the behavior in question was an anomaly or that the service member has taken steps to improve their mental health.
- Witness Statements Statements from witnesses—whether colleagues, supervisors, or others who were involved in the situation—can provide valuable perspective:
- Eyewitness Accounts: Witnesses who observed the events leading to the titling decision may have information that contradicts the findings of the investigation or supports the service member’s account of events.
- Character Witnesses: Character references from superiors, colleagues, or other respected individuals in the service member’s life can speak to their integrity, reliability, and professionalism, helping to build a positive profile.
- Colleague Testimonies: Fellow service members or civilians who worked closely with the individual may offer insights that challenge the credibility of the accusations.
- Performance Records and Evaluations Submitting recent performance evaluations or awards earned after the titling decision can help show that the service member is capable and reliable. Evidence of:
- Promotions, Awards, or Commendations: These demonstrate that despite the titling decision, the service member has continued to perform at a high level.
- No Further Incidents: If there have been no further incidents of misconduct or investigation, this can support the claim that the titling was an isolated event.
- Administrative and Procedural Documentation New documentation that highlights errors or inconsistencies in the initial investigation process can be critical to a successful appeal:
- Incorrectly Filed Reports: If forms or reports were completed incorrectly during the investigation, this could be used to challenge the titling decision.
- Documentation of Due Process Failures: If you were not given a fair opportunity to respond to accusations, submit evidence showing that due process was not followed.
Step 3: How to Submit New Evidence
Once you have gathered the new evidence, it’s crucial to follow the correct process for submitting it. Here’s a brief overview of how to do that:
- Compile and Organize: Ensure that all your evidence is well-documented, organized, and easy to understand.
- File with Appropriate Board: If you are in the Army, use DD Form 149 to submit to the Army Board for Correction of Military Records (ABCMR). For Navy or Air Force service members, similar processes exist with the Board for Correction of Naval Records (BCNR) or Air Force Board for Correction of Military Records (AFBCMR).
- Include a Persuasive Appeal Letter: Your appeal should include a well-crafted letter explaining the significance of the new evidence and how it challenges the original titling decision.
For more detailed instructions on filing your appeal and submitting new evidence, visit our Comprehensive Titling Removal Guide, which provides step-by-step instructions to guide you through the process.
Why Choose the National Security Law Firm for Your Titling Removal?
- Excellence in Military Law
At NSLF, our team consists of former military prosecutors with firsthand experience in the military justice system. We know how to gather and present the right types of evidence to strengthen your appeal. - Proven Track Record
NSLF has successfully handled numerous titling removal cases, helping service members clear their names and continue their careers. We understand the complexity of these cases and how to leverage new evidence for the best possible outcome. - Personalized Legal Strategy
Every case is different, and we provide tailored strategies based on the unique details of your situation. We work closely with you to determine the best evidence to submit and how to present it effectively.
Pricing and What You Get with NSLF
At NSLF, we offer a flat fee of $5000 for titling removal cases, with no hidden costs. Here’s what you get:
- Comprehensive Case Review: We evaluate your case to determine the best strategy for your appeal.
- Document Submission and Filing: We handle all the paperwork, ensuring that your appeal and new evidence are filed correctly.
- Unlimited Revisions: We work with you until the case submission is perfect.
- Dedicated Case Manager: You’ll receive personalized attention and communication throughout the process.
- Flexible Payment Plans: Pay Later by Affirm offers payment plans over 3, 6, 12, or 24 months.
Book a Free Consult Right Now!
Don’t wait—new evidence could be the key to overturning your titling decision and securing your future. One quick call to National Security Law Firm can get the process started and take the weight off your shoulders. With our flat fee and flexible payment options, there’s no reason to delay. Contact us today for a free consultation and let us fight for your career. The sooner you act, the better your chances of success!
For more detailed information about the titling removal process and what types of evidence to submit, visit our Comprehensive Titling Removal Guide for in-depth advice and step-by-step guidance.
For more detailed insights on titling removal, be sure to explore our related blog posts on this subject, including:
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- A Clear Explanation of the Military Titling Process: What Happens After You’re Titled?
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