If you’ve been titled in a military investigation, the repercussions can be severe, potentially impacting your career, security clearance, and future employment. However, service members have the right to challenge a titling decision. Unfortunately, many resources only touch on the fact that removal/expungement requests are possible without diving into the specifics. At National Security Law Firm (NSLF), we provide a detailed guide on how to navigate this complex process from start to finish. Whether you’re in the Army, Navy, Air Force, or another branch, understanding the step-by-step titling removal process is crucial to achieving a successful outcome.

What Is a Titling Decision?

A titling decision is made when a service member is named as the subject of a criminal investigation. Being titled does not mean you are guilty of a crime, but it does mean your name is indexed in federal investigative databases like the Defense Central Index of Investigations (DCII). Once titled, this record can remain in the system for decades, affecting your career, security clearance, and more.

Step-by-Step Guide to Appealing a Titling Decision

1. Understand the Grounds for Removal

Before you begin the process, it’s essential to understand on what basis you can remove or expunge the titling decision. Some common grounds include:

  • Lack of evidence/probable cause: The titling was based on insufficient or weak evidence.
  • Procedural errors: Investigative mistakes, such as failure to follow proper procedures or due process violations.
  • New exculpatory evidence: New information or evidence that disproves or weakens the original findings.
  • Mistaken identity: The titling was made in error, and you were incorrectly named.
  • Bias or unfair treatment: The investigation was biased or unfair in some way, impacting the titling decision.

If any of these factors apply to your case, you may have a strong basis for a removal request.

2. Gather Supporting Evidence

Once you’ve determined that you have grounds for a removal request, the next step is to gather all relevant evidence. This could include:

  • Statements from witnesses who can provide new information.
  • Documents that were not originally available during the investigation.
  • Expert testimony that contradicts the original findings.
  • Correspondence between investigators and decision-makers, showing any procedural errors.

The goal here is to build a compelling case that challenges the basis of the titling decision.

3. File a FOIA Request for Your Investigative Records

To strengthen your request, you’ll likely need access to the investigative records. A Freedom of Information Act (FOIA) request can help you obtain these documents. You can file a FOIA request directly with the investigative agency, such as the Army Criminal Investigation Command (CID) or Naval Criminal Investigative Service (NCIS). These records will provide you with critical details on how the titling decision was made, allowing you to identify any inconsistencies or errors.

4. Complete and Submit Your Request

To fill out your titling removal request, visit the Army CID Freedom of Information/Privacy Act webpage under “Privacy Act Request to Change Records” and click on the Privacy Act Request to Change Records form.

Your attorney should prepare and submit this form, raising all arguments and attaching documentary proof. Further instructions for submission are located here. As can be seen, requests can be submitted to the FOIA mailbox (usarmy.belvoir.hqda-usacid.mbx.crcfoiapa@army.mil) or in writing to:

US Army Crime Records Center (CRC)
Attention: FOIA
6010 6th Street, Fort Belvoir, VA 22060

If you are a member of the U.S. Air Force, detailed instructions for submission of your titling removal/expungement can be found here as well as here.

Instructions for members of the U.S. Navy are located here.

5. Draft a Persuasive Request for Titling Expungement

Your request will require a well-written legal argument that clearly outlines the reasons for the removal request and the errors in the original investigation. This letter should:

  • Explain the basis for your removal request, such as lack of evidence or procedural errors.
  • Reference specific evidence you’ve gathered that supports your claims.
  • Address the consequences of the titling decision on your career and personal life, such as security clearance issues.
  • Request specific relief, such as removal or correction of the titling from your records.

NSLF can assist with drafting a compelling appeal letter that presents your case in the strongest possible terms.

7. Follow Up on Your Submission

After submitting your request, follow up regularly to ensure that your case is being reviewed. Titling requests can take time, but keeping in contact can expedite the process.

8. If your request is denied:

If your titling removal request is denied, you have the right to appeal. For the Army, you may submit an initial appeal to:

Chief Counsel, Office of the Chief Counsel
27130 Telegraph Road
Quantico, VA 22134

or through email at:
(usarmy.belvoir.hqda-usacid.mbx.crcfoiapa@army.mil)

If the Office of the Chief Counsel, DACID, denies your initial appeal, you may submit your final appeal to the Army Board for Correction of Military Records using the DD Form 149 or online application to request removal of the titling. Include with the application a photo copy of all documents sent to the CRC and the reply from the CRC.

Army Board for Correction of Military
Records (ABCMR)
251 18th Street South, Suite 385
Arlington, VA 22202-3531

You can visit the Army Board for Correction of Military Records’ website for information on their application process.

These boards will review your appeal and make a determination on whether to grant the removal or correction of the titling.

Why Choose NSLF for Your Titling Removal Request?

  1. Experienced Military Law Attorneys
    At National Security Law Firm, we handle military law and titling removal cases. Our team includes former military prosecutors who know the system inside and out, giving you a strategic advantage in appealing your titling decision.
  2. Proven Track Record
    We have successfully handled numerous titling removal cases and have a deep understanding of how to navigate the appeal process effectively.
  3. Personalized Strategy
    No two cases are the same, and we provide tailored legal strategies based on your unique circumstances. We’ll work with you to build the strongest possible case for removal.

Pricing and What You Get with NSLF

At NSLF, we offer a flat fee of $5000 for titling and probable cause removal cases. This includes:

  • Thorough Case Evaluation: We review every detail of your case to determine the best path forward.
  • Flexible Payment Plans through Pay Later by Affirm.
  • Document Preparation and Filing: We handle all the paperwork, including DD Form 149 and your appeal letter.
  • Comprehensive Legal Support: Our team guides you through every step of the appeal process.
  • Unlimited Revisions: We work with you until you are fully satisfied with the case submissions.
  • Post-Case Support: Even after your case is resolved, we provide continued consultation to ensure all your legal needs are met.

Contact Us Today

Time is critical when it comes to appealing a titling decision. One quick call to National Security Law Firm can get the process started and take the weight off your shoulders. Our experienced legal team will handle everything, from gathering evidence to submitting your appeal. With our affordable flat fee and flexible payment options, there’s no reason to delay. Contact us today for a free consultation—let us fight to protect your career and future!

For more information on the titling removal process, be sure to visit our Comprehensive Titling Removal Guide, which provides a deep dive into every step of the process.

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