Veterans Call on Trump to Address Military Errors Impacting Soldiers with False Arrest Records

Veterans Call on Trump to Address Military Errors Impacting Soldiers with False Arrest Records

Col. David Garcia believed his troubles were behind him after a military review board cleared him of allegations regarding a hostile work environment and recommended he maintain his position in the U.S. Army. However, his FBI background check paints a different picture, indicating he was arrested for ‘abusive sexual contact.’ Garcia now faces potential expulsion from the Army if this troubling error is not rectified by August 1.

‘I was never handcuffed, nor was I taken into custody or read my rights,’ Garcia stated in an interview. ‘So why does it show that I was arrested?’

Garcia’s situation is far from unique. A growing number of soldiers and veterans find themselves trapped in a bureaucratic limbo due to erroneous arrest records that can jeopardize job prospects, firearm permits, and other critical opportunities.

‘There exists a simple solution that could assist every affected service member,’ said Doug O’Connell, a lawyer and retired Green Beret. He believes it is time for the Trump administration to take decisive action.

‘The President or the Secretary of Defense holds the power to instruct all military branches not to generate false criminal histories and to amend incorrect records that falsely indicate arrests or detentions,’ O’Connell emphasized. ‘They do not require a judge’s approval or a legal procedure; a simple phone call could rectify this situation.’

Understanding the Problem of Title Errors

At the heart of this crisis is a little-known military protocol known as ‘titling.’ The Army’s Criminal Investigation Division (CID) maintains a permanent record detailing a soldier’s involvement in investigations, irrespective of whether any criminal charges are ever filed. Frequently, CID transmits this information to the FBI’s criminal database, indicating an arrest date even if the individual was never actually taken into custody.

Garcia likened the situation to a police officer conducting a traffic stop, checking a driver’s license, letting the individual go with a warning, and then reporting that an arrest had occurred.

In Garcia’s case, an accusation from an ‘underperforming’ employee in 2023 led to an investigation, during which multiple team members were interviewed, and Garcia himself was questioned. He asked the agents about his legal status and was reassured that he was not under arrest.

A military panel ultimately determined that Garcia had not engaged in misconduct and recommended his continued service. Nevertheless, his FBI background check falsely portrays him as having been arrested on May 25, 2023.

The Long Road to Correction

Even two years later, Garcia continues to battle for record correction, accruing legal fees that amount to thousands just to remedy the inaccuracies created by CID.

The Army has previously recognized the adverse effects of titling on service members. In late 2022, responding to years of complaints regarding soldiers labeled during an extensive investigation into the military’s G-RAP recruiting program, CID began the process of amending hundreds of records. However, these adjustments were confined to that particular group, while CID continues to maintain that titling is merely an ‘administrative action.’

Army veteran and attorney Will Thomas characterized titling as a ‘systemic issue,’ emphasizing that it has cost many individuals their careers, legitimate licenses, loans, and firearms permits.

‘This dilemma has ramifications for thousands of service members and veterans, many of whom are completely unaware that they face these issues,’ Thomas remarked.

The Legal Battle

O’Connell and Thomas initially filed a lawsuit against the Army, CID, Department of Defense, FBI, and their leaders in 2023 on behalf of Sgt. Denise Rosales and all service members burdened with false arrest records. A U.S. District Judge dismissed the FBI from the case, reasoning that the agency only serves as a ‘repository’ for this type of information. The judge also dismissed CID and its leaders under sovereign immunity.

Nevertheless, the legal action against the Army and Defense Department continues, with Judge Ezra noting in his ruling last May that the defendants failed to justify their refusal to amend Rosales’ record.

‘Speculation regarding why the Army defends an inaccurate record is unavoidable,’ Ezra commented.

A spokesperson for the U.S. Attorney’s Office, which is acting on behalf of the government in this case, declined to make a statement.

A Call for Urgent Action

Some veterans express hope of avoiding prolonged legal disputes that have persisted for years and are seeking immediate intervention from the Trump administration. This administration has taken assertive action in the past, such as reinstating service members dismissed for refusing the COVID-19 vaccine. Trump has also initiated significant leadership changes within the Pentagon by removing several high-ranking military officials.

O’Connell, who has advocated for affected soldiers and veterans for years, described the challenges faced in navigating the maze of administrative processes, starting with Judge Advocate General officers and progressing to Army general counsel.

‘The military appears committed to punishing soldiers who have done nothing wrong,’ he stated. ‘I believe I understand Secretary Hegseth’s frustration with senior JAG officers, who have allowed this bureaucratic system to persist and harm soldiers.’

Secretary of Defense Pete Hegseth voiced concerns last month, indicating that positions within the JAG Corps have been held by a ‘select group of insulated officers who uphold the status quo.’

‘The current status quo has not effectively served the Pentagon,’ Hegseth remarked during an interview. ‘It is time for change.’

Thomas expressed optimism about potential outcomes with the new administration, stating, ‘With the previous administration, our efforts yielded little progress. We remain hopeful that the current leadership may effectively resolve this critical problem.’

A Ticking Clock for Garcia

Meanwhile, Garcia faces an imminent deadline. After serving more than 30 years in the Army, he risks being forced out of active duty if his records are not corrected by August 1.

O’Connell expressed puzzlement over the military’s obstinacy, especially in a climate characterized by numerous global threats and increased recruitment needs.

‘Why would parents want their children to join a military that is generating false criminal histories for no valid reason?’ he asked.

The White House and the Defense Department did not respond to inquiries regarding this pressing concern.