Army Reserve COL Alleges Investigative Misconduct by Army Finance and CID

A May 17, 2018 article in Stars and Stripes alleges investigative misconduct on the part of Army Finance and Army CID.

Richard Gulley, an Army Reserve Colonel with a top secret clearance, says he is the victim of an investigative process that has run amok, as finance officials and agents from the Criminal Investigation Command are operating with little oversight.

Patrick Hughes, a Washington-based attorney (http://www.patriotslawgroup.com/) representing at least seven soldiers in the lawsuit against the Army, says what’s missing is greater oversight from Congress on abuses by finance officials and agents for the Criminal Investigation Command. 

Soldiers say the investigations have crippled their finances, caused hassles abroad and damaged their future job prospects.

As a well-paid commercial pilot in civilian life, COL. Gulley said he can financially rebound from the $103,000 debt imposed by the Army in connection with the accusation that he shouldn’t have been paid BAH.

But the consequences are hurting him on the job. The Army never prosecuted, but every time Gulley pilots an international flight, he is stopped for questioning by police at customs.

The electronic trail of charges means he’s been flagged. He also can’t obtain a gun permit, which compromises his ability to protect the cockpit, Gulley said.

"Why was I arrested at all? Why is it still on my record, and why do I get stopped at customs every single time?" he said.

Gulley also said he was subjected to harassment from CID agents, who staked out his home in Germany, followed him around, and questioned neighbors back at his New York City home as part of their investigation.
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An article in Stars & Stripes certainly doesn't tell the complete story in this case. The Army CID agents that I have known have always demonstrated the highest degree of professionalism. Yet, as with any group of people there may be those who act inappropriately during the conduct of an investigation.

The question I see here isn't whether the CID agents conducted a proper investigation with the appropriate oversight - they probably did; but since the Army never prosecuted COL Gulley, why is this still "on his record"? If the Army chose not to prosecute the illegal receipt of  $103,000.00 in BAH, did the investigation clear COL Gulley of the offenses with which he was originally titled?

Once cleared in an investigation, a person should no longer be listed as the Subject of that investigation. Unfounded, or false allegations should not follow a person for the rest of their life.