[Code of Federal Regulations]
[Title 32, Volume 4]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR633.12]

[Page 33-34]
 
                       TITLE 32--NATIONAL DEFENSE
 
              CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED)
 
PART 633--INDIVIDUAL REQUESTS FOR ACCESS OR AMENDMENT OF CID REPORTS OF INVESTIGATION--Table of Contents
 
Sec. 633.12  Amendment to CID reports.

    USACIDC reports of investigation (ROI) are exempt from the amendment 
provisions of the Privacy Act and AR 340-21. Requests for amendment will 
be considered only under the provisions of this regulation. Requests to 
amend USACIDC reports will be granted only if the individual submits 
new, relevant and material facts that are determined to warrant their 
inclusion in or revision of the ROI. The burden of proof is on the 
individual to substantiate the request. Requests to delete a person's 
name from the title block will be granted only if it is determined that 
there is not probable cause to believe

[[Page 34]]

that the individual committed the offense for which he or she is listed 
as a subject. It is emphasized that the decision to list a person's name 
in the title block of a USACIDC report of investigation is an 
investigative determination that is independent of whether or not 
subsequent judicial, nonjudicial or administrative action is taken 
against the individual. Within these parameters, any changes in the ROI 
rest within the sole discretion of the Commanding General. USACIDC, 
whose decision will constitute final action on behalf of the Secretary 
of the Army with respect to this regulation.