Payments (opens in a new tab) Give Military Justice Attorneys a phone call at (843) 755-6535 Contact Us
Give Military Justice Attorneys a phone call at (843) 755-6535 Contact Us

Challenging Improper Titling and Indexing Decisions

An improper titling decision can have devastating and long-lasting consequences for a service member. MJA often receives phone calls from veterans who were titled on active duty for offenses which did not result in punishment and who later received an honorable discharge.

Fortunately, the service branches provide a process to request expungement of an improper titling and indexing determination. MJA has successfully helped service members get their records and DNA expunged. Contact us today to learn more!

MJA has successfully helped veterans who were improperly titled get their records corrected. Contact our military defense lawyers now at (843) 773-5501 to learn more.

Topography textured background

Overview

Being titled in the military is as simple as being named as the “subject” of a CID or NCIS report of investigation. In order 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 little as an alleged victim’s first statement to military police.

Titling is not a legal decision; it is strictly investigative. So when a person is titled, that doesn’t mean he or she actually committed any crime. Simply put, to be titled is to be the subject of an investigation.

Case Results We’ve been in the fight & know how to win

View All Results

NO GOMOR ISSUED

Fort Cavazos, Texas. Army Officer Rebuts Allegations of Online Social Media Misconduct; No GOMOR Issued.

Textured background

GOMOR LOCALLY FILED

Shaw Air Force Base, South Carolina. Army Major (O-4) reprimanded for extramarital sexual conduct, GOMOR locally filed.

Textured background

NO ADVERSE ACTION

Fort Stewart, Georgia. An Army Sergeant (E-5) was flagged for allegedly violating a restriction of movement (ROM) order following a suspected case of COVID-19.

Textured background

GOMOR REMOVED

Fort Stewart, Georgia. GOMOR removed for Army Ranger arrested for DUI less safe after failing to submit to a field sobriety test.

Textured background

GOMOR LOCALLY FILED

Fort Knox, Kentucky. Army Major (O-4) facing an investigation and possible removal from the Army contacted MJA to help him respond appropriately.

Textured background

MARINE SNCO PROMOTED

Camp Lejeune, North Carolina. Marine Staff Sergeant (E-6) refused NJP, avoids court-martial and earns promotion.

Textured background

PROMOTED AFTER GOMOR

United States Army Japan. An Army First Lieutenant (O-2) received a permanently filed GOMOR for allegedly being drunk and disorderly in violation of USF Japan liberty policy.

Textured background

GOMOR WITHDRAWN AND DESTROYED

Army Reserve Support Command. Army Sergeant First Class (E-7) reprimanded for alleged aggravated sexual contact.

Textured background

GOMOR LOCALLY FILED

1st Theater Sustainment Command, Middle East. Army Major (O-4) reprimanded for allegations of extramarital sexual conduct.

Textured background

GOMOR TRANSFERRED

Department of the Army Suitability and Evaluation Board (DASEB). Army Captain (O-3) reprimanded for drunk and disorderly.

Textured background
View All Results
Topography textured background

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.”

Banner media

DoD Instruction

National Defense Authorization Act

On 1 January 2021, the National Defense Authorization Act directed the Secretary of Defense to create a new policy and process to allow service members to appeal titling and indexing determinations.

Specifically, the law directed the SecDef to create a process through which any person who was titled and indexed may request that their name, personally identifying information, and other information pertaining to them be corrected in, or expunged or otherwise removed from:

  • a law enforcement or criminal investigative report of the DOD or any component of the DoD;
  • an index item or entry in the DCII; and
  • Any other record maintained in connection with a report or index entry in any records database maintained on behalf of the DOD.

Under the new law, a correction or expungement to a record is required when:

  • Probable cause did not or does not exist to believe that the offense for which the person’s name was placed, or insufficient evidence existed or exists to determine whether or not such offense occurred;
  • probable cause did not or does not exist to believe that the person actually committed the offense for which they were tilted, or insufficient evidence existed or exists to determine whether or not the person actually committed such offense; or
  • such other circumstances, or on such other bases, as the Secretary may specify in establishing the policy and process.

In making this determination, reviewing authorities should consider the following circumstances relevant to the case at issue:

  • The extent or lack of corroborating evidence against the titled person concerned with respect to the offense at issue;
  • whether adverse administrative, disciplinary, judicial, or other such action was initiated against the titled person for the offense at issue; and
  • the type, nature, and outcome of any action described in subparagraph (b) against the titled person.

The NDAA provides a more favorable standard to service members seeking to amend or expunge a titling determination.

Available 24/7 to Help Anyone in the World

Contact Us (843) 755-6535

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. 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 such things as employment and education applications. This record can be likened to an arrest without further prosecution in the civilian world. It will often require explanation and can be a determining factor for employers, educational institutions, and other areas where background checks are required.

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.

Topography textured background

Client Testimonials Their Words. Their Cases. Their Results.

View All Testimonials

"The Government Came to Bury Me, Josh Hill Buried Their Case Instead"

If you’re reading this review,...

"If you’re reading this review, there’s a fair chance you’re in trouble with the military. The answer is YES—hire Josh Hill. He is worth every penny and more. Don’t gamble with your VA benefits, your military pension, or your freedom. You only get one shot at defending your future. Trust me, this is the guy you want in your corner. When I first hired Josh Hill as my civilian military lawyer, I was staring down a mountain: 28 specifications across 6 charges in a military court-martial. The government basically made a giant mud ball, threw it at the wall, and waited to see what would stick. The stakes couldn’t have been higher—my freedom, my career, my reputation, and my benefits were all on the line. But from day one, Josh brought unmatched experience, surgical strategy, and a level of confidence that gave me hope when I needed it most. Josh Hill is a master of his craft. He navigated the UCMJ like a seasoned warrior—dissecting every allegation, exposing every weakness in the government’s case, and challenging every false assumption thrown my way. His preparation was meticulous, his presence in court was commanding, and his cross-examinations were absolutely relentless. He left no stone unturned and no argument unanswered. Because of Josh’s leadership, we went from what felt like an impossible situation to walking out of that courtroom not guilty on all charges. That wasn’t just a win—it was a total and complete vindication. And it’s 100% because of Josh Hill’s commitment, brilliance, and refusal to let the government steamroll me. Josh Hill didn’t just defend me—he saved my life. I will forever be in his debt for the sacrifices he made and the time he dedicated to my case. One last note: When he calls—ANSWER IT. Drop what you're doing, it can wait. That phone call might be the one thing that changes your future. If you want to hear my story firsthand, Josh has my permission to give you my contact info. I’ll gladly tell you exactly how he absolutely destroyed the government’s case, so I can continue with my life."
-STAFF SERGEANT, USMC

"He is an articulate pitbull in the courtroom."

My career, my life, my futu...

I know Mr Healy quite well. He represented me in a case where the odds were stacked against me. This was the most difficult time of my life considering some other circumstances that were added on. However, he fought for me tooth and nail even though his caseload was very high at the time. It seemed he devoted every ounce of effort to find me justice and in the end, because of his efforts, I was fully acquitted of several charges.

I will never forget that feeling for as long as I live. Upon the announcement of the verdict I nearly collapsed. My career, my life, my future was completely in his hands and he took it as seriously as I did. He is an articulate pitbull in the courtroom. I highly recommend his services if you expect to have any chance of seeing the justice you truly deserve.

-Corporal, USMC

"Mr. Hodge was relentless in his defense of me"

Mr. Hodge was relentless in hi...

Mr. Hodge was relentless in his defense of me . . . and absolved me of any wrongdoing under the UCMJ.
-Corporal, USMC

"His dedication to me as a client was unprecedented."

Josh is a hard nosed and dedic...

Josh is a hard nosed and dedicated attorney that will stand by you every step of the way in your defense. His dedication to me as a client was unprecedented.
-Staff Sergeant, USA

"I would hire them again in a heartbeat."

Gerry and Josh are absolute pr...

Gerry and Josh are absolute professional monsters in the courtroom. I would hire them again in a heartbeat and wouldn’t want anyone else in my corner!
-Private First Class, USA

"I trusted him with my career on the line, and he was outstanding."

Mr. Hill tore apart the govern...

Mr. Hill tore apart the government's theory piece by piece . . . I trusted him with my career on the line, and he was outstanding.
-Petty Officer Third Class, USN

"I would not want my fate in anyone else’s hands."

Gerry Healy is an outstandi...

Gerry Healy is an outstanding attorney. In the courtroom he is confident, knowledgeable, and aggressive. I would not want my fate in anyone else’s hands.
-Airman First Class, USAF
Topography textured background

Titling Appeals Can Be Successful

MJA has successfully fought for service members who were improperly and unjustly titled and indexed. Past examples include:

  • A Captain (0-3) in the United States Army was titled and indexed for Resisting Apprehension in violation of Article 87a, UCMJ. The Soldier appealed the decision and provided evidence to CID that he had not resisted apprehension. After reviewing the evidence and argument presented by MJA, CID agreed that there was no probable cause to believe that the officer had resisted apprehension and directed that his record be amended to remove his name from the title block for the offense and that any corresponding entry into the Defense Central Index of Investigations (DCII) should be removed.
  • A Private First Class (E-3) in the United States Army was titled and indexed by the Army Criminal Investigation Division (CID) for assault consummated by battery after a domestic incident with her spouse. The Soldier was never taken to court-martial or nonjudicial punishment and was later honorably discharged. Despite these facts, the Soldier remained titled and later learned that she was disqualified from working in the healthcare field due to the titling action. After USACIDC refused to remove the titling entry, MJA appealed the decision to the ABCMR. The Army Board determined that the Soldier was the victim of domestic physical abuse and should not have been titled. The ABCMR granted the Soldier full relief and recommended that all Department of the Army records concerning the Soldier be corrected by removing her name from the title block of the law enforcement report.
  • A Chief Petty Officer in the United States Navy was titled and indexed by the Naval Criminal Investigative Service (NCIS) during an investigation for a violation of Article 120, UCMJ. Despite substantial and overwhelming evidence showing that the Sailor did not commit the offense, NCIS refused to remove the titling determination. MJA appealed the decision to the BCNR, which determined that credible information did not exist to title the Sailor and that the titling was a “significant injustice.” The BCNR granted the Sailor full relief and recommended that NCIS expunge his name as a titled and indexed subject from the NCIC and DCII criminal history databases.
  • A Captain (O-3) in the United States Army was falsely accused of assault, consummated by battery, while on active duty and “titled” as part of a CID investigation. After his discharge from the Army, this titling decision showed up as an arrest on a background check. MJA submitted multiple written matters showing that the Captain did not commit the alleged offense. Upon review, the U.S. Army Criminal Investigation Command agreed that the allegation of simple assault, consummated by battery, was “unfounded” and deleted the Captain’s NCIC entry from the FBI’s database.

Contact MJA Today

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 Military Justice Attorneys to speak with a lawyer about your options.

Contact Us When Your Future Is On The Line

Our decentralized approach to military defense ensures that we can represent service members from any branch of the military, of any rank, at any military base or installation stateside or abroad.

Available 24/7 to Help Anyone in the World

(843) 755-6535
This field is required.
This field is required.
This field is required.
This field is required.
This field is required.
Submit Information
Contact us media
Accessibility: If you are vision-impaired or have some other impairment covered by the Americans with Disabilities Act or a similar law, and you wish to discuss potential accommodations related to using this website, please contact our Accessibility Manager at (843) 755-6535.
Contact Us