Navigating the Complexities of Military Titling: A Comprehensive Guide from NSLF

At The National Security Law Firm (NSLF), we understand the profound implications that titling can have on the lives and careers of service members. Titling, a process by which military law enforcement documents individuals as subjects of criminal investigations, can cast a long shadow, affecting promotions, security clearances, and future employment opportunities.

This process, based on a low threshold of credible information, can lead to significant and often unjust consequences. In this comprehensive guide, we will delve into what titling is, its effects, common errors, recent changes in the rules, and how service members can appeal and correct titling decisions. Our goal is to provide you with the knowledge and support needed to protect your career and reputation.

What is Titling?

Titling is a process used by military law enforcement agencies to document individuals who are subjects of a criminal investigation. When a service member is “titled,” their name is entered into a criminal database, which records that they were the subject of an investigation for a specific offense. This does not mean they were found guilty or even charged with a crime; it merely indicates that an investigation took place.

Being titled in the military is as simple as being named as the “subject” of a CID (Criminal Investigation Division) or NCIS (Naval Criminal Investigative Service) report of investigation. To title someone, the investigator on the case only needs to develop credible information that the service member committed a criminal offense. Credible information can be as minimal as an alleged victim’s first statement to military police. Titling is not a legal decision; it is strictly investigative. Therefore, being titled means merely being the subject of an investigation.

Legal Authority

DoD Instruction 5505.07, Titling and Indexing in Criminal Investigations, establishes the DoD’s policies and procedures for titling and indexing subjects of criminal investigations. This policy requires the titling and indexing of any service member under criminal investigation “as soon as the investigation determines there is credible information that the subject committed a criminal offense.” This is an incredibly low standard. Once the subject of a criminal investigation has been indexed in the federal law enforcement database (DCII), “the information will remain in the DCII, even if the subject is found not guilty of the offense under investigation.” The only exceptions to this policy are where “there is a mistaken identity, or it is later determined no credible information existed at the time of titling and indexing.”

Effect of Being Titled

While the burden to title someone is quite low, the burden it places on the person titled can be heavy. When a service member is titled, the report of investigation is indexed in the Defense Clearance and Investigations Index (DCII). Once a person is titled and indexed, the record will be on file and accessible for up to 40 years.

When a person is titled, the record can be (and often is) accessed during background checks for employment and education applications. In the civilian world, this record can be likened to an arrest without further prosecution. It will often require explanation and can be a determining factor for employers, educational institutions, and other areas where background checks are required.

Problems or Errors in Titling

Errors and issues in the titling process can and do occur, often leading to unjust consequences for service members. Some common problems include:

  • Inaccurate or Incomplete Investigations: In some cases, individuals may be titled based on incomplete or inaccurate investigations, leading to wrongful documentation.
  • Lack of Notification: Service members are not always notified that they have been titled, leaving them unaware of the potential implications on their careers.
  • Administrative Oversights: Errors in documentation or administrative processes can result in incorrect or unjust titling.
  • Misinterpretation of Evidence: Misinterpretation or misrepresentation of evidence during the investigation can lead to wrongful titling.

Appealing a Titling Decision

When a person has been indexed after titling, there are ways to attack the record and amend or delete the titling decision. For example, titling information indexed in the DCII can be expunged or corrected if the titling resulted from mistaken identity or if no credible information existed at the time the titling decision was made.

As one may imagine, a request to amend or delete a titling decision is a tall task. Doing so often requires combing through investigative files, statements, interviews, and other records created throughout the investigation and strategically building a case based on all the information available.

New Rules for the Removal of Titling PII

The 2021 National Defense Authorization Act (NDAA) was passed by the 116th Congress of the United States in 2020. One notable change was made in Section 545: Removal of Personally Identifying and Other Information of Certain Persons From Investigative Reports, the Department of Defense Central Index of Investigations, and Other Records and Databases. This provision allows Soldiers to challenge a titling by submitting relevant documents and evidence to request a correction, expungement, or removal of personally identifying information from records related to law enforcement or criminal investigations.

The 2021 NDAA now includes certain information that was previously not considered in such requests. When a Soldier wishes to challenge a titling, they can send their request and supporting documents to the Army Crime Records Center (CRC), which oversees crime records for the entire Army and is responsible for approving these requests.

The CRC may grant a correction, expungement, or removal under three circumstances: insufficient evidence to prove the crime occurred, insufficient evidence to prove the Soldier was responsible for the crime, or any other reason specified by the Secretary of Defense. The CRC takes into account various factors when making their decision, as outlined in the 2021 NDAA.

One notable change is that they now consider whether any adverse action was taken against the Soldier in question, as well as the outcome of that action. This is beneficial for Soldiers who are titled but have the charges dropped, as the CRC can take into account the lack of adverse action and use it as evidence to remove the titling.

This new language provides a chance for Soldiers who have been cleared of any wrongdoing to fully move on from the incident without a negative mark on their record. The previous guidelines did not allow this, as they stated that a titling could not be removed even if the Soldier was not charged or punished. This change in language allows for a fairer and more just process for Soldiers who have been cleared of any suspicion.

How to Correct Titling Errors

Correcting a titling error or seeking removal of a title can be a complex and challenging process. However, it is possible with the right approach and legal support. Here are the steps involved:

  1. Review the Investigation Report: Obtain a copy of the investigation report to understand the basis for the titling decision. Review the report for any inaccuracies, inconsistencies, or procedural errors.
  2. Gather Evidence: Collect any evidence that can refute the basis for the titling, such as witness statements, documents, or expert opinions. Demonstrate any procedural errors or violations of rights during the investigation process.
  3. File a Petition for Removal: Submit a formal petition to the appropriate military authority requesting the removal of the title. Clearly outline the reasons for the request, supported by evidence and legal arguments.
  4. Seek Legal Assistance: Engage the services of a military law attorney who specializes in titling issues. An experienced attorney can help navigate the complex legal landscape and advocate on your behalf.
  5. Follow Up: Stay in regular contact with the authorities handling your petition to ensure it is being processed. Be prepared to provide additional information or clarification if requested.

How Negative Titling Can Affect You and Why You Should Correct It

Impact of Negative Titling on Career and Personal Life – Being listed in the Defense Clearance and Investigations Index (DCII) and the U.S. Army Crime Records Center (CRC) can have extensive and long-lasting implications. A “CID titling” can remain on a Soldier’s record for up to forty years. During this time, any criminal records checks, background checks, or name checks performed by law enforcement or other agencies will reveal the Soldier’s “titled” status. This may prompt the agency to request a copy of the Law Enforcement Report (LER) or Report of Investigation (ROI) stored in the CRC. The presence of a “CID titling” in these reports can trigger numerous collateral consequences with broad and significant impacts.

The effects of being “titled” and subsequently indexed in military criminal records databases are far-reaching. Negative outcomes may include the loss of a security clearance, separation from military service, reduced civilian job opportunities, unfavorable military personnel decisions, and restricted military job prospects. The persistent presence of a “titling” in these databases magnifies its potential impact, adversely affecting a Soldier’s career and personal life across multiple domains.

Here are some of the key ways in which negative titling can affect you:

  1. Career Advancement:
    • Promotion Opportunities: Titling can negatively impact your promotion opportunities. When going up for promotion, the titling will appear on your record, which can be a red flag to promotion boards. Even if you have not been charged or found guilty, the presence of a titling can suggest a history of misconduct, reducing your chances of promotion.
    • Separation from Service: After two unsuccessful attempts at promotion due to a negative titling, you could face separation from the military. This not only ends your military career but also impacts your future employment opportunities.
  2. Security Clearances:
    • Security Risks: Titling can affect your ability to obtain or maintain a security clearance. The presence of a titling in your record can raise concerns about your reliability and trustworthiness, leading to the denial or revocation of your clearance. Without a security clearance, you may be unable to perform your duties or qualify for certain positions within the military.
    • Limited Job Opportunities: Many military and civilian positions require security clearances. A negative titling can limit your job opportunities both within the military and in the civilian sector, particularly in fields requiring access to classified information.
  3. Reputation and Stigma:
    • Professional Reputation: A titling can tarnish your professional reputation within the military community. Colleagues and superiors may view you with suspicion, even if no charges were filed or you were found not guilty. This can affect your relationships and standing within your unit.
    • Personal Stigma: Beyond your professional life, being titled can carry a personal stigma. Friends, family, and community members may view you differently, impacting your personal relationships and social interactions.
  4. Post-Military Career:
    • Federal Employment: If you apply for a federal government position after your military career, the titling will still show up in your record. This can influence hiring decisions and potentially disqualify you from certain jobs.
    • Private Sector Impact: Many private sector employers conduct thorough background checks. The presence of a titling can be viewed similarly to an arrest record, raising questions about your past and impacting your employability.

Why You Should Correct a Negative Titling

Given the substantial impact a negative titling can have on your career and personal life, it is crucial to seek correction or removal of any unjust titling. Here’s why you should take action:

  1. Protect Your Career:
    • Ensure Fair Promotion Consideration: Correcting a negative titling ensures that your promotion opportunities are not unfairly hindered. By clearing your record, you allow promotion boards to assess your qualifications based on merit rather than a tainted record.
    • Maintain Security Clearance: Addressing and correcting titling can help maintain your security clearance, which is essential for many military roles and future civilian jobs.
  2. Preserve Your Reputation:
    • Professional Integrity: Clearing a negative titling helps preserve your professional reputation. It ensures that your colleagues and superiors view you based on your performance and conduct, not on an unfounded investigation.
    • Personal Peace of Mind: Correcting a titling provides peace of mind, knowing that your personal and professional reputation is not marred by an inaccurate or unjust record.
  3. Enhance Post-Military Opportunities:
    • Federal and Civilian Employment: Removing a negative titling from your record enhances your eligibility for federal employment and increases your attractiveness to private sector employers. It ensures that background checks reflect your true history, free from unjust implications.
  4. Fairness and Justice:
    • Correct Inaccuracies: Ensuring that your record accurately reflects your conduct is a matter of fairness and justice. If you were titled without credible evidence or due to errors, it is your right to seek correction and clear your name.

FAQs About Titling

Can “CID Titling” Lead to Security Clearance Revocation? The addition of “CID titling” can have severe ramifications for active duty Soldiers or those in the Reserves, potentially resulting in the withdrawal or refusal of their security clearance. This could significantly impede their ability to carry out their duties and put their ongoing service at risk. In such cases, the Soldier’s clearance will be reviewed by the Department of Army’s Suitability Evaluation Board (DASEB), which holds the power to determine if any negative information, including CID titling, should be included in their official personnel files. If such detrimental information is incorporated into the Soldier’s performance section of the Army Military Human Resource Record (AMHRR), it can have far-reaching consequences. This can hinder promotions, affect assignments, limit opportunities for further education, and even result in a potential elimination board. Therefore, the loss of a security clearance has implications beyond immediate effects and can greatly impact the Soldier’s career advancement and professional growth.

Can “CID Titling” Be Used to Involuntarily Separate a Soldier? Although a “CID titling” action alone is not likely to be the sole reason for a Soldier’s involuntary separation, the Department of the Army’s Suitability Evaluation Board (DASEB) will assess whether any unfavorable information requested by a commander or agency without filing authority should be recorded in the Army Military Human Resource Record (AMHRR). They will also determine whether it should be placed in the performance section or the restricted portion. As per AR 190–45 (Law Enforcement Reporting), AR 195–2 (Criminal Investigation Activities), and chapter 5 of AR 600–37 (Unfavorable Information), law enforcement agencies such as CID will provide input to the DASEB when unfavorable information is provided for criminal justice action against an individual.

If the Law Enforcement Report (LER) or Report of Investigation (ROI) containing the “CID titling” decision is included in the AMHRR, it could result in an Administrative Separation Board for enlisted Soldiers or a Board of Inquiry for officers, depending on the additional information in the LER/ROI. According to paragraph 2-2(c)(1) of AR 600-37, the DASEB may also suggest potential separation or elimination actions to the U.S. Army Human Resources Command (HRC) based on information submitted for inclusion in the AMHRR.

Can a “CID Titling” Decision Be Used by Future Employers to Deny Employment? Soldiers applying for certain jobs, especially federal positions, can access both the DCII and the U.S. Army CRC. This is similar to an arrest record in that there may be enough evidence to arrest someone, but not enough to move forward with a trial. Even without a conviction, a criminal history check may uncover an arrest that the individual must clarify to a potential employer. Both government and civilian employers often conduct background checks that include querying the Army criminal records indexes (DCII and USACRC) before and after employment, which notes “CID titling.” This can present significant obstacles in obtaining employment, requiring individuals to provide explanations and seek exemptions based on their records.

Can “CID Titling” Affect Military Personnel Decisions and Job Opportunities? A “CID titling” determination, in conjunction with an initial Law Enforcement Report (LER) or Report of Investigation (ROI) stored in the database of the U.S. Army Crime Records Center (CRC), can have significant ramifications for a Soldier’s career. Based on this information, commanders may impose a flag on a Soldier, which can have far-reaching consequences. The implementation of a flag restricts any positive personnel actions, including:

  • Promotions
  • Re-enlistment
  • Reassignment
  • Appearances before semi-centralized Department of the Army (DA) boards
  • Eligibility for individual awards and decorations
  • Attendance at military or civilian educational institutions
  • Application for tuition assistance
  • Voluntary resignations or retirements
  • Approval of advance or excess leave
  • Payment of bonuses
  • Activation of Reservists for active-duty tours
  • Assumption of command

Are There Examples of Other Consequences of “CID Titling” and Being Indexed in Criminal Records Databases? The act of “CID titling” and indexing in databases for criminal records can have a detrimental effect on the future opportunities of ex-military personnel, regardless of their Honorable Discharge status. This can result in challenges such as:

  • Obtaining professional licenses (e.g., admission to the bar, medical practice, daycare operations)
  • Gun ownership and concealed carry licenses
  • Issuance of travel visas and international travel
  • Applications for government assistance
  • Serving as a youth sports coach
  • Becoming foster parents or adopting children
  • College and graduate school admissions

In almost any situation where a background check is required, the individual’s status in criminal records databases can be revealed, potentially leading to the denial of services or opportunities. This is known as “CID titling” and it is important for service members who have experienced this to take immediate action to limit the spread of their records. However, reversing a “CID titling” decision can be extremely difficult. Special agents must submit the records within three days and once the individual is named and “CID titling” occurs, it is rare to have it removed unless there are exceptional circumstances.

Can a Soldier Request Removal of “CID Titling” in a LER/ROI? Although it is technically feasible for a Soldier to make an effort to eliminate their name from the title section of a Law Enforcement Report (LER)/ROI through a process called “reverse titling,” the likelihood of success is extremely low. To do so, the Soldier must demonstrate one of two things: either the name linked to the LER/ROI is incorrect, proving that another person with the same name was suspected of committing the offense, or there was no credible information available to implicate the Soldier in question. This inquiry solely focuses on the knowledge of the special agent at the time of the “titling” decision, disregarding any subsequent information found. Even when attempting reverse titling, the burden of proof heavily falls on the Soldier, requiring significant evidence to challenge the validity of the “CID titling” decision.

What Can the National Security Law Firm Do to Assist a Soldier in Changing a “CID Titling” Decision and Amending a Finding of Probable Cause in a LER/ROI Submitted to the U.S. Army CRC? Changing a LER/ROI “CID titling” decision can be challenging. It is crucial for the Soldier to consider the attorney fees and the likelihood of success. However, it may be more practical and cost-effective to focus on amending the finding of “probable cause” rather than changing the “CID titling” decision itself. In addition, preparing a well-reasoned and persuasive explanation of the titling to provide to future employers or agencies can help mitigate the negative effects.

To minimize the impact of a “CID titling” decision, our office can help Soldiers prepare a written explanation to provide a consistent and thorough explanation to future employers or agencies. This written statement should include:

  • Explanation of the “CID titling” process.
  • Clarification of the standard required for “CID titling.”
  • Specification of the findings in the CID LER/ROI.
  • Account of efforts to challenge the “CID titling.”
  • Disclosure of the consequences of the CID LER/ROI.
  • Overview of professional and personal accomplishments since the investigation.
  • Consideration of the time elapsed since the investigation.
  • Legal analysis of the offense and evidence.

At National Security Law Firm, our experienced military lawyers understand what is at stake with “CID titling” and listing in a criminal records database. Contact us today for a free consultation and a frank discussion on how to best approach your situation based on the unique facts and circumstances of your case. We look forward to your call.

Contact NSLF Today

Being titled can have severe and lasting consequences for military personnel, affecting their careers, reputations, and lives. Understanding the titling process, recognizing potential errors, and knowing how to correct them are crucial steps in protecting your rights and future. At NSLF, we are dedicated to assisting service members in navigating these challenging situations. If you believe you have been wrongfully titled or need assistance with titling removal, contact us today for expert legal support and guidance.

An experienced military lawyer has the skills and expertise to effectively build and present a case to amend or delete a titling decision. If you have been titled, please contact The National Security Law Firm to speak with a lawyer about your options. Our attorneys are experienced in appealing titling decisions to the appropriate law enforcement agencies under DoD Instruction 5505.07.