When a military service member is accused of a crime under the Uniform Code of Military Justice (UCMJ), it triggers a complex and often misunderstood process called “titling and indexing.” Every service member facing criminal accusations should understand this process, its implications, and the pathways to amend or challenge a titling decision.
The Case of SGM Eriq Brown
To understand the intricacies of titling and indexing, consider the case of retired SGM Eriq Brown. In 2021, during a routine disability benefits screening, Brown discovered a criminal charge on his record, despite his 28-year Army career and an internal investigation finding no evidence to support the claims against him. Brown was never arrested, charged, or subjected to any form of judicial punishment. However, a reprimand for unprofessional behavior led to the incident appearing on his criminal record, showcasing the unintended, long-term consequences of improper titling decisions.
Brown’s troubles began with an accusation by a fellow soldier in South Korea, alleging assault over three months. An internal investigation found no evidence to support these claims, and Brown wasn’t even on duty during one of the alleged incidents. Despite this, the reprimand in his personnel file, which cited “poor judgment,” still stated that Brown had committed no crime. Yet, the incident still appears on Brown’s criminal record.
The Impact of Titling and Indexing
The core of Brown’s issue lies in the Defense Department’s policy of entering suspects’ names into the FBI’s National Crime Information Center (NCIC) database based merely on “credible information” of a crime. This titling and indexing process can be set off simply by someone reporting an incident. While titling is not an indication of guilt, it is a procedural step that precedes any evidence gathering or formal investigation. The stigma associated with being investigated for a crime and the potential misunderstandings surrounding the situation are significant.
Being titled can have far-reaching implications for service members. This mark on their record can affect their military career and civilian life, leading to failed background checks, loss of job opportunities, security clearance issues, and damaged personal and professional reputations. Critics argue that this practice serves to bureaucratically punish individuals without due process, creating lifelong repercussions for those involved.
The Defense Department’s policy diverges from civilian law enforcement practices, where names are only entered upon arrest or indictment. Critics argue this practice serves only to bureaucratically punish individuals without due process, creating lifelong repercussions for those involved. One former Army attorney called it “a pervasive, arbitrary, and capricious administrative function that serves no legitimate government purpose.”
According to the Army’s Criminal Investigation Division (CID), “The purpose of titling is to ensure the accuracy and efficiency of the report and to ensure it is retrievable for future law enforcement or security purposes.” However, the CID does not clarify the necessity of reporting to the FBI’s database so early in the investigative process.
A Systemic Issue That’s Difficult to Reverse
Brown’s case is not an isolated incident. Many service members have faced similar issues. For example, one Soldier mistakenly implicated in a recruitment probe found his reenlistment barred, his family leaving him, and his civilian employment prospects damaged. Another, Lt. Lee Hughes, faced false accusations that cost him a promotion and thousands of dollars in retirement benefits. The military’s use of titling and indexing has been criticized for its broad and often irreversible effects on people’s lives.
Efforts to expunge such records have proven largely unsuccessful, with less than 9% of requests granted by the Army and Air Force since 2021. Although Congress mandated a more accessible path for expungement in 2021, the process remains nearly impossible, with the burden of proof placed on individuals to demonstrate their innocence. The slow response from the Pentagon in updating its expungement policy highlights the ongoing challenges faced by those seeking justice.
Brown himself enlisted legal help to get his record expunged, but the records correction board denied his request in July 2023, citing outdated policy. Despite his master’s degree and decades of relevant experience, Brown now works at a hardware store, just above minimum wage. His record has also hindered his aspirations to mentor youths in his community, illustrating the unjust consequences and stress caused by improper titling.
In another example, a Soldier’s false record barred him from reenlistment, led to his family leaving him, and prevented him from securing civilian employment. By the time the Army corrected the mistake on his record, his family was gone, and he was living in his car. Another case involved Lt. Lee Hughes, who faced false accusations during a recruitment investigation, resulting in the loss of a promotion and thousands of dollars in retirement benefits. Despite eventually clearing his name and securing a federal government job, Hughes couldn’t reclaim his promotion before retiring in 2019, costing him thousands of dollars in retirement benefits.
The military’s use of titling and indexing has been criticized for its broad and often irreversible effects on people’s lives. Efforts to expunge such records have proven largely unsuccessful, with less than 9% of requests granted by the Army and Air Force since 2021. Although Congress mandated a more accessible path for expungement in 2021, the process remains nearly impossible, with the burden of proof placed on individuals to demonstrate their innocence. The slow response from the Pentagon in updating its expungement policy highlights the ongoing challenges faced by those seeking justice.
The Challenges of Amending or Deleting a Titling Decision
Improper titling can result from insufficient evidence or errors in the investigative process. Challenging such decisions requires sufficient evidence and the ability to mount a convincing defense. If you recently discovered that you’ve been improperly titled, consulting with an experienced military defense attorney is crucial.
The challenges of amending or deleting a titling decision are significant. The process involves navigating a complex bureaucratic system, gathering substantial evidence to support your claim, and presenting a compelling case to the records correction board. The burden of proof rests on the individual to demonstrate that the titling was unjust or erroneous.
It’s not uncommon for service members to be improperly titled due to insufficient evidence or errors in the investigative process. There are avenues to challenge such decisions, but this requires sufficient evidence and the ability to mount a convincing defense. If you recently discovered that you’ve been improperly titled, you should consult with an experienced military defense attorney.
Why You Should Hire a Military Defense Attorney
Navigating the complexities of titling and indexing requires the expertise of a legal professional with a deep understanding of military laws and procedures. A specialized military defense attorney can help you challenge improper titling decisions and clear your name. They can provide the necessary legal guidance to navigate this challenging process.
At Bilecki Law Group, we are committed to defending service members facing titling and indexing issues. With over two decades of experience, we leverage our unique background to provide aggressive defense strategies and personalized attention to your case. Tim Bilecki, an experienced military defense attorney, has a background as a former U.S. Army JAG officer, giving him a unique perspective and insight into both sides of the courtroom. This expertise bolsters his ability to devise uncompromising defense strategies.
Tim Bilecki earned a Bachelor’s of Science in Finance from Boston College, a Juris Doctorate from the University of Miami School of Law, and an MBA from the F.W. Olin Graduate School of Business at Babson College. He also completed the Goldman Sachs 10,000 Small Businesses program at Babson College. His early career in the U.S. Army JAG Corps saw him serving as defense counsel at Fort Cavazos, Texas (Fort Hood), international and operational law attorney at Fort Shafter, Hawaii, and Senior Defense Counsel in South Korea.
The Importance of Comprehensive Legal Representation
When facing the daunting challenge of titling and indexing, comprehensive legal representation is essential. An experienced military defense attorney will thoroughly investigate your case, identify any procedural errors or lack of evidence, and build a strong defense to challenge the titling decision. They will also provide guidance on the expungement process, helping you navigate the complex requirements and increasing your chances of success.
In addition to challenging improper titling decisions, a military defense attorney can assist with other related issues, such as addressing any administrative actions or adverse personnel decisions resulting from the titling. They can advocate on your behalf during hearings, negotiate with military authorities, and ensure your rights are protected throughout the process.
The Long-Term Impact of Improper Titling
The long-term impact of improper titling on a service member’s life cannot be overstated. A titling decision can affect your career, personal life, and future opportunities. It can result in failed background checks, job denials, and loss of security clearances. These consequences can be particularly devastating for veterans seeking to transition into civilian life, as they may face significant barriers to employment and career advancement.
The psychological and emotional toll of being improperly titled is also considerable. Service members who have been wrongfully accused and titled may experience stress, anxiety, and a sense of injustice. The stigma associated with a criminal record, even if the accusations are unfounded, can lead to damaged personal relationships and a loss of reputation within the community.
The process of challenging a titling decision and seeking expungement can be long and arduous, often requiring persistent effort and legal expertise. Despite the challenges, it is crucial to pursue justice and clear your name to prevent further harm to your personal and professional life.
Conclusion
The process of titling and indexing in the military justice system is complex and can have far-reaching consequences for service members. Understanding the implications of being titled, the challenges of amending or deleting a titling decision, and the importance of comprehensive legal representation is essential for those facing such situations.
If you or a loved one has been improperly titled, seeking the assistance of an experienced military defense attorney is crucial. At Bilecki Law Group, we are dedicated to defending the rights
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