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Correction of Military Records

Each of the military services has established boards charged with correcting errors in military records. These boards consist of the Disciplinary Review Boards and the Boards for Correction of Military Records. Any military member, retiree or their legal representative (if the servicemember is deceased or incapacitated) may apply to change information in their military records. Servicemembers often take these actions to remove records that stand in the way of promotion, remove records of non-judicial punishment or administrative separation actions or to change records regarding physical disability awards. The result can be a change in promotion eligibility, an increase in a disability award, an upgrade in discharge characterization and, in certain cases, reinstatement into the service with an award of back pay. The attorneys of the Military Law Group have extensive experience in collecting the relevant records, interviewing necessary witnesses, collecting statements and drafting the briefs to be presented to the Board.

Boards for Correction of Military Records

The service Boards for Correction of Military Records (BCMRs) were created by authority of 10 U.S.C. §1552. The BCMRs require that any applications for correction of records be submitted within 3 years after the error or injustice is discovered and that all lesser means of resolving the problem be exhausted. This time limitation is often waived as long as the Applicant can demonstrate that the interests of justice would be served by granting the waiver.

The application is submitted on DD Form 149, but if the form is simply filled out and submitted without proper support and documentation, the application is unlikely to be approved. The submission of supporting statements, records and a brief citing legal precedents and regulations is crucial. Once the DD Form 149 and brief are submitted the package will be processed by the Board. The Board will initially review the file to confirm that there are no lesser administrative actions that can be pursued to resolve the matter. If the record is complete then the Board will forward the file to the relevant military department to obtain an advisory opinion on the merits of the Applicant's request. This opinion will typically be a legal brief drafted by a judge advocate who will argue against the Applicant receiving the requested relief. Upon completion of the advisory opinion, the opinion will be forwarded to the Applicant for response. The Applicant will typically have 30 days in which to respond.

In some cases the Board will allow a personal appearance for Applicant or counsel to argue the case and provide additional evidence or documentation.

The Board will then make its decision based on the military records, supporting opinions and briefs and the personal appearance. The Board's decision is binding on all governmental agencies.

The attorneys of The Military Law Group will aggressively obtain your records, interview and obtain witness statements and draft a brief with all available legal arguments and citation to relevant authority. If a personal appearance is granted we will zealously argue your case before the Board. We will in all cases assure that you receive the best possible results based upon the facts of your case.

Disciplinary Review Boards

The service Disciplinary Review Boards (DRBs) are charged with correcting errors in the characterization of discharge and reason for discharge based upon standards of equity and propriety. The DRBs cannot reinstate, award back pay or change any record other than the DD-214. The DRBs require that any application be filed within 15 years of the discharge. This time limitation cannot be waived (although the Applicant may still be able to file with the BCMR).

The DRB process begins with a DD Form 293, Application for the Review of Discharge or Dismissal from the Armed Forces of the United States . As with the BCMR petitions, filling out the form without a supporting brief and documentation will typically not result in a favorable result. The application should contain all supporting military records, witness statements and a brief arguing relevant legal authority, and citation to DoD and service regulations.

After submission of the Applicant's petition the DRB may authorize a personal appearance to argue your case. This argument may be conducted by the Applicant or Applicant's counsel. Additional evidence and testimony may be presented at the personal appearance.

The Board will issue a written decision based upon the submitted record, briefs and the evidence provided at the personal appearance. If the Board decides in favor of applicant then the Board will require that Applicant's DD-214 be changed to reflect the decision. If the Board decides against the Applicant the Applicant may then file his petition with the BCMR for additional review.

The Military Law Group is a practice group of the firm of Jones, Blechman, Woltz and Kelly, P.C.