Titling: A Deeply Flawed Process and How to Fight Back
If you’re a service member under investigation, the concept of titling is likely to become part of your life—whether you realize it or not. This administrative process, hidden in the bureaucratic depths of military law enforcement, can have devastating and lasting consequences on your career, reputation, and future opportunities. And worst of all? It’s a process riddled with injustice.
While recent updates to the system offer pathways to fight back, including changes introduced in the 2021 National Defense Authorization Act (NDAA), the system still puts the burden squarely on your shoulders. Here’s what you need to know about titling, why it’s unfair, and what you can do to challenge it.
What is Titling, and Why is It a Problem?
Titling is the act of listing your name as the subject of a criminal investigation in a military law enforcement report. Once titled, your name and identifying information are added to the Defense Central Index of Investigations (DCII).
Titling occurs when there’s credible information that you may have committed a criminal offense. But what does “credible information” mean? According to the regulations: Credible information is evidence or information that is “sufficiently believable” to lead an investigator to presume the facts are true.
Sounds subjective, doesn’t it? And that’s the point. The bar for what counts as “credible” is so low that rumors, unverified accusations, and circumstantial evidence often suffice. No charges need to be filed, and no proof is required.
Why Titling Feels Unfair
The injustice of titling comes from several factors:
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No Due Process. Titling happens behind the scenes. You don’t get a chance to defend yourself before your name is added to a report, and the process doesn’t involve any legal review.
Broad and Lasting Consequences. Once your name is in the DCII, it stays there for up to 40 years unless you actively fight to remove it.
More than 27 agencies access the DCII daily, and it receives approximately 35,000 information requests per day. Being listed can impact:​​
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• Security clearances
• Promotion boards
• Special assignments
• Civilian employment opportunities, especially in federal positions.
Association Without Guilt. Being titled doesn’t mean you’ve been arrested, charged, or found guilty of anything. But to anyone reviewing your record, the implication is clear: you’ve been under criminal investigation.
Can Your Command Take Action Based on Titling?
Unfortunately, yes. While regulations state that titling is not supposed to imply guilt, commanders can and often do act on it:
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• Flagging Actions: Your commander may place a flag on your file based on an initial report of investigation (ROI).
• Security Clearance Suspensions: A commander can recommend suspending your clearance, effectively putting your career on hold.
How to Fight Back Against Titling
If you’ve been titled, you can and should fight back. Recent changes under the 2021 NDAA and DoD Instruction 5505.07 provide new mechanisms for challenging titling decisions. Here’s how:
Step 1: Request a Review
You have the right to submit a written request for a review of the titling decision. This request goes to the head of the DoD Law Enforcement Activity (LEA) or a designated expungement official.
Your request should include:​
• Your full name, identifying information, and case number (if known).
• A detailed explanation of why the titling decision was flawed.
• Any supporting evidence, such as documentation that disproves the allegations or highlights procedural errors.
Step 2: Grounds for Expungement
Under DoD guidelines, your information can be removed from the DCII if:
1. No Probable Cause Exists: There wasn’t enough evidence to believe the alleged offense occurred.
2. Insufficient Evidence: The evidence didn’t justify titling you as a subject.
3. Interest of Justice: Keeping your information in the system serves no legitimate purpose and causes undue harm.
Step 3: Appeal if Necessary
If your request is denied, don’t stop there. You can submit an appeal to:
• The Chief Counsel for the Army CID.
• If denied again, the Army Review Board Agency (ABCMR).
These appeals must be specific, detailed, and supported by evidence. Legal assistance can make all the difference in crafting a strong case.
How to Know if You’ve Been Titled
The military doesn’t always inform you when you’ve been titled. To find out, you can submit a Freedom of Information Act (FOIA) or Privacy Act request for a copy of your records from the Department of the Army Criminal Investigation Division (DACID).
You’ll need to:
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• Fill out a request form with your personal information.
• Include a copy of your government-issued ID. NOT your CAC.
• Submit the request via mail, fax, or email to the Army CID FOIA/Privacy Act Division.
The Bottom Line
The titling process is a stark reminder of how flawed and unfair the military justice system can be. It punishes service members without due process, based on standards that wouldn’t hold up in any court. While recent changes in the law give you the tools to fight back, it’s still up to you to act.
If you’ve been titled, you don’t have to accept it. I’ve fought these battles before, and I know how to navigate the system to give you the best chance at justice. Let’s challenge the titling process together—because no one should have to carry the burden of an unjust system alone.
Like, share, or comment if this resonates with you. In the meantime, I’ll keep defending America’s defenders.