Who should I contact to clear up a false arrest record from CID?

2016-06-18T13:49:55-04:00

Short version, I was investigated by CID while deployed almost 10 years ago. At no time was I ever informed that I was under arrest or confined. The findings were referred to my unit leadership who did an Article-15 hearing and found the charges unsubstantiated. I have just learned that CID reported to the FBI that I was arrested at that time. Since I was never actually arrested and it never went to a Court Martial, that arrest is still listed as "open with no dispositions." That report is now jeopardizing my new job. I know this is not a venue for legal advice but I need someone to point me in the right direction to get the proper answers.
Thanks

EDIT: I should add that at no time was this ever reflected on my official record. My TS-SCI clearance was unaffected either at the time of the investigation or during the remaining 4 1/2 years of my Active and Reserve career. My DD-214 makes no mention of it and lists a reentry code of 1. None of this would have been true had the charges been found to be valid.

EDIT 2: In case anyone is wondering I did end of getting this more or less resolved. It turns out, you can submit a Freedom of Information Act request (snail mail or online) with the CID archive in Quantico, VA. In my case, they looked me up in the NCIC system to verify my identity and found the arrest report in question. In their own words, they informed me that the "retention of this criminal history data in NCIC does not conform to DOD policy" and deleted it. I doubt I'm going to get any further with this but at least it shouldn't haunt me in routine background checks any more.

Response by SSgt Private RallyPoint Member made Jun 18 at 2016 2:14 PM

2016-06-18T14:14:53-04:00

Board of Corrections for Military Records.

Response by MSG Private RallyPoint Member made Jun 18 at 2016 2:30 PM

2016-06-18T14:30:26-04:00

Response by SSG Private RallyPoint Member made Jun 18 at 2016 3:20 PM

2016-06-18T15:20:53-04:00

Bro similar bull crap happened to me!! i had to get a TSA background check done on me to get my TWIC card so i could take a contract job in africa and accordingly to the FBI i have 2 felony drug distribution charges on me now. one for steroids and the other for mdma. now i was investigated about steroids but never arrested or tried or even had to talk to a lawyer about it and now all of a sudden i am a 2 time convicted felon!! WTF??? i need help too!

Response by MSG Private RallyPoint Member made Jun 18 at 2016 3:40 PM

2016-06-18T15:40:36-04:00

freedom of information act request cid send this alleged information, and get a lawyer, i know it takes time but in the end it will clear you and possibly reward you

Response by SSG Private RallyPoint Member made Jun 18 at 2016 4:20 PM

2016-06-18T16:20:04-04:00

At any point were you Mirandized ... read your rights? you know .. You have the right to remain silent.. if you did you would have had to sign a waver... Do you remember.

Response by Cpl Mark Leary made Jun 21 at 2016 8:02 AM

2016-06-21T08:02:54-04:00

I would start at your Unit Legal department or the JAG OIC for the Company Command first and work your way back to CID with the finding of your Units Article-15 hearing. CID and Military Police are reporting parties. Your Command follows up on the charges unless it went straight to a JAG officer. Trying to get the ordeal removed from the computer may be an other issue.

Anyone feel free to correct me if I am wrong.

Sincerely,

Cpl Leary, USMC MP 1985-1992

Response by SSgt Chris Frey made Jun 21 at 2016 10:36 AM

2016-06-21T10:36:24-04:00

Interesting contact a JAG office honestly as they are the experts here. If you can find a number of the orginal CID office ask to talk to the oic or bib cheif as they are the orgins for the case. Jag can provide paperwork saying you were cleared of all charges at the very least.

Response by LTC Sonya Friday made Jun 21 at 2016 10:59 AM

2016-06-21T10:59:48-04:00

I would recommend you file a DODIG complaint they will investigate and require CID to reinvestigate as well. If that doesn't work get your congressional representative involved. Hope this helps.

Response by 2LT David Phillips made Jun 21 at 2016 11:17 AM

2016-06-21T11:17:39-04:00

Here is something you may find useful.
1. IF CID investigated you for an "Article 15" proceeding, you were a suspect in a crime.
2. IF after reviewing their findings, command formalized an "Article 15" proceeding, then there was enough evidence to force you to answer the charges made against you.
3. IF after hearing both sides of the story, the hearing panel finds no evidence to adjudicate you guilty of an offense under the UCMJ, then the possible outcomes are these:
A. The accusations were completely unfounded and your record was expunged, the CID officers themselves were punished for being sloppy.
B. The accusations were unsubstantiated under the rules of evidence, and a decision was made, not to proceed, but the record was kept, in case further evidence surfaced that would enhance their case. Remember, a panel of inquiry, a formal hearing, a withdrawal of charges does not constitute a "verdict" in a case. Only a formal bringing of charges and a finding of NOT GUILTY, can clear your name of any charges. And even then, if their are other uncharged specifications, they can bring those out, within the statute of limitations.
C. The accusations were withdrawn, pending further investigation, and the panel decided not to dismiss with prejudice. In which case, a punishable offense can still be prosecuted under the UCMJ, even if the service member was released from Active Duty. Honorable Discharge or not.
4. If new evidence, in an old case, is being re-entered into your background file, it is possible that CID was requested to explain why they investigated you in the first place. A clearance is subject to the assessment of the security officer or custodian of your clearance. If you attended a skin head rally in 1998, and the former custodian thought it irrelevant - it still doesn't mean the new sheriff in town wont deem it questionable. Cases where a clearance was revoked for stuff that happened 20 years earlier, isn't uncommon. Especially if there is a custodian change and the new person doesn't like white male Christians with ties to Southern Baptists. (metaphor only)
Is your new custodian someone who has a motive to make a subjective determination like that? If so, join the thousands of others who were quietly pushed out, because they brought their Bible to a lunch hour study for the last 20 years, and when the new custodian for that project was put in place, suddenly, 1 inconsistency in your record was excuse enough to suspend or even revoke your clearance.
Hey, what do I know... I might be all wet. You may find that things are different. The fact that you reached out to a public online forum about this mess, rather than seeking advice from a trusted insider, may have already doomed any chance you might have of being "cleared" on your next review.
Best of luck. Hope this helps.

Response by PO2 Ryan Peterson made Jun 21 at 2016 8:59 PM

2016-06-21T20:59:16-04:00

CID should have a case record showing that there were no charges filed. If you can get a record of the final disposition of the investigation or a statement from CID stating that no records could be located, you should have sufficient documentation for your SSO to talk the FBI down. Ultimately, you'll need to ask CID to expunge the case record or to help remove the titling (who will then in turn pass the record onto the FBI). The way the FBI gets its records from the military investigative services is flawed and so cases like this is sadly much more common than you might think.

Response by SFC Ernest Thurston made Jun 23 at 2016 12:30 AM

2016-06-23T00:30:35-04:00

You may be a victim of a phrase that is used by investigators. Investigations that don't end in a conviction get filed away with a phrase that states "Due to lack of investigative leads this case is closed in the files of this office pending further investigation that would warrant it's reopening." Even if you have an adjudication of not guilty the file may still be open with CID. Like a few others here have advised try contacting JAG even though you are no longer on active duty they should be able to assist you.

Response by SSG A.J. Merrifield made Jun 28 at 2016 10:49 AM

2016-06-28T10:49:21-04:00

I'd contact the U.S. Army Crime Records Center, 27130 Telegraph Road, Quantico, VA 22134
[login to see] and request a copy of the initial DA Form 3975 (Military Police Record), which should give you all the information you need in order to contact the unit(s) involved in the initial investigation, and then utilize those units to get the information corrected in ALERTS/NCIC. While doing that, I'd also file a DODIG complaint as well as contact the JAG for the installation your unit was stationed at, all concurrently. One of the three will usually come through pretty quickly (or, at least, as quickly as any unit in the military does anything that doesn't directly affect them).

Response by SPC Sheila Lewis made Jun 28 at 2016 10:52 AM

2016-06-28T10:52:51-04:00

I am sorry for your situation and I hope someone can point You in the right direction for a resolution.

Response by GySgt William Arthurs made Jul 9 at 2016 3:22 AM

2016-07-09T03:22:54-04:00

Go to local SJA.

Response by CPT James Cochran made Apr 16 at 2017 9:55 PM

2017-04-16T21:55:33-04:00

Did you ever figure out how to correct this?

Response by CPL Amanda Medina made Mar 7 at 2018 12:49 AM

2018-03-07T00:49:09-05:00

If anyone can be of assistance we are going through this same issue right now and my husband has a letter from the Marshall on post saying he was only orally reprimanded never article 15 but yet the police report is saying they arrested him and took him in and that the case was closed but he didn’t even go in front of a magistrate

Response by SGM Bill Frazer made Apr 10 at 2018 6:00 PM

2018-04-10T18:00:39-04:00

Contact the nearest JAG officer.

Response by SPC Sean Rolin made Apr 1 at 2021 10:49 PM

2021-04-01T22:49:32-04:00

I'm having the same issue. How long did it take to resolve?