Soldiers and veterans are alleging that the U.S. Army knowingly created false arrest records for thousands of service members, according to a new class action lawsuit. The lawsuit, filed against the Army, its Criminal Investigation Division (CID), the FBI, and the Department of Defense, claims that the Army’s investigation of a recruiting program resulted in service members being labeled with criminal records, even though they were never charged. The plaintiffs argue that the Army’s bureaucratic inertia has destroyed their lives, reputations, and careers.
The primary plaintiff in the lawsuit is Denise Rosales, a non-commissioned officer in the Texas Army National Guard. Rosales received an administrative reprimand for allegedly throwing a birthday party involving alcohol while deployed in Kuwait. Although she was never arrested or charged, a background check would falsely show that she was arrested for false official statements. As a result, Rosales lost her job supporting the Drug Enforcement Administration and faces difficulties in her military career and personal life.
Rosales’ case is not an isolated incident. The lawsuit highlights a military process called “titling,” in which the Army CID creates a permanent record of investigation, regardless of whether charges are filed. In many cases, this information is forwarded to the FBI’s criminal database, making it appear as an arrest. The Army has acknowledged the improper titling of around 2,000 service members who participated in a recruiting incentive program, but it continues to defend titling as an administrative function.
The lawsuit aims to put an end to the creation of false arrest records and seeks compensation for Rosales and all other falsely reported Army service members over the past six years. It is estimated that more than 2,400 individuals may have been affected. The plaintiffs argue that the Army and the Department of Defense must be held accountable for their bureaucratic arrogance and the damage caused by the false records.
The lawsuit also alleges that the military began falsely reporting arrests after the 2017 Sutherland Springs mass shooting, where an Air Force veteran killed 26 people. The Air Force had failed to report the shooter’s felony conviction for domestic violence, which could have prevented him from purchasing firearms. The suit claims that the military overcompensated by creating false arrest records, despite recommendations to improve the collection and submission of fingerprints and criminal histories.
The class action suit against the U.S. Army sheds light on the detrimental impact of false arrest records on soldiers and veterans. With the lives and careers of service members at stake, the lawsuit seeks justice and accountability from the government.
