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CID application complicated by case

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willDMP

Junior Member
this is a little complicated of a story and im not sure this is your realm to answer or not. last year in May 2012 i was accused by a girl in my unit of touching her sexually which was totally and completely a lie. She had been known in the unit for stirring up trouble and doing a lot of inappropriate things with soldiers and i guess it was my turn to have a problem. anyway long story short she went to CID and an investigation was conducted. CID thought there was just enough evidence to label their case as founded which i still don't really understand as i, and JAG, have reviewed the case file and there's literally nothing in there that would realistically lead to that conclusion.

Anyway it went before the battalion commander and i accepted a field grade art. 15 hearing and was found not guilty which is great. my question is the "founded" is apparently still on my records and despite making an appeal to quantico to have those records changed they wont. My long term goal as to join CID and become an investigator but they wont even let me start a packet because this investigation is in my records despite not being guilty. Is there any legal recourse i have to fight this? Are they legally allowed to deny my application despite being overly qualified for the position simply because there was a "founded" investigation? Thanks for any advise you give me.
 


umkemesic

Member
this is a little complicated of a story and im not sure this is your realm to answer or not. last year in May 2012 i was accused by a girl in my unit of touching her sexually which was totally and completely a lie. She had been known in the unit for stirring up trouble and doing a lot of inappropriate things with soldiers and i guess it was my turn to have a problem. anyway long story short she went to CID and an investigation was conducted. CID thought there was just enough evidence to label their case as founded which i still don't really understand as i, and JAG, have reviewed the case file and there's literally nothing in there that would realistically lead to that conclusion.

Anyway it went before the battalion commander and i accepted a field grade art. 15 hearing and was found not guilty which is great. my question is the "founded" is apparently still on my records and despite making an appeal to quantico to have those records changed they wont. My long term goal as to join CID and become an investigator but they wont even let me start a packet because this investigation is in my records despite not being guilty. Is there any legal recourse i have to fight this? Are they legally allowed to deny my application despite being overly qualified for the position simply because there was a "founded" investigation? Thanks for any advise you give me.
You should consult with the Military Defense Counsel or JAG themselves on the inter department procedures (if any).

If all else fails submit a DD149 to the Board of Corrections for Military Records to have your records corrected, explaining why you want them corrected (prevention of cross training). Try to back it up with Affidavits from others that were wrongfully accused. The Gov may object citing some BS reason, but its worth a try.
 

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