how to get a lawyer for board for correction of military records

Tell the BCMR the details of your military service and your VA medical care, including dates, and the board will retrieve these records for your case. There is also documentation you'll need to submit yourself. To get your military records corrected, you must establish that your records contain an "error" or "injustice."

Full Answer

How do I apply for a correction of my military record?

If you believe you are the victim of an error or injustice which affects your military record, you may apply for a correction of military records by completing and submitting a DD Form 149, Application for correction of military record.

How do you justify a correction to a record?

To justify any correction, it is necessary to show to the satisfaction of the board that the alleged entry or omission in the records was in error or unjust. Applications should include all available evidence, such as signed statements of witnesses or a brief of arguments supporting the requested correction.

Who is the Attorney for Military Appeals?

Attorney Richard V. Stevens represents military members appealing adverse actions to the various military appeal boards. This includes written appeal packages and personal appearances (with or without the member) before boards that authorize an appearance. Mr.

What is the abbreviation for military records review board?

The Army Discharge Review Board (ADRB), Air Force Discharge Review Board (AFDRB), Navy Discharge Review Board (NDRB) The Army Board for Correction of Military Records (ABCMR), Air Force Board for Correction of Military Records (AFBCMR), Board for Correction of Naval Records (BCNR), and Coast Guard Board for Correction of Military Records (CGBCMR)

How do I correct Army military records?

If you believe you are the victim of an error or injustice which affects your military record, you may apply for a Correction of Military Records by completing and submitting a DD Form 149, Application for Correction of Military Record. Submit your completed DD Form 149 to the appropriate address on page 2 of the form.

How do I fix a dd214 error?

Correction to Veterans Military Records. If you are in need of a correction to your Certificate of Release of Discharge from Active Duty (DD Form 214), you must submit a written request for a correction (DD Form 215) and include a copy of your DD Form 214.

How long does military board Corrections take?

3-4 monthsThese actions normally take 3-4 months to complete after the Board's decision is published, depending on the number of agencies that must make corrections and the work load of the affected agencies and DFAS.

How do I appeal a BCMR decision?

The BCMR can change a service member's military records if it finds that it is in the interests of justice. In other words, you would need to show that the entry in your record was unjust or inaccurate. You can file DD Form 149 to submit your appeal. BCMR review does not involve a hearing.

How long does it take to get a DD214 corrected?

If you have lost your DD form 214 and have requested a replacement copy from the National Archive, it's important to review your DD214 once you get the replacement copy-any corrections to your DD214 could take several weeks to several months to become official, and if you need accurate information quickly for a VA home ...

How do I clear my military records?

There is no process for expunging a military court-martial record, even if you're acquitted at trial. The basic idea is that court-martial records are federal court records, and there is no provision under the Uniform Code of Military Justice that allows for expungement.

What is a DD Form 293?

Department of Defense Form 293 is used to request an upgrade of a military discharge from the appropriate discharge review board. You can access a fillable PDF version of the form here.

How far back does the military check medical records?

The new system is called the Prescription Medication Reporting System (PMRS) and is used to pull seven years of prescription histories for all civilian recruits going to MEPS.

How long does it take for the Army review board to make a decision?

twelve monthsAnswer: The Board reviews applications in the order in which they are received. Due to the number of applications already on hand and the complexity of many of the cases, it may be as long as twelve months before you receive notification of the decision on your request.

Can I fight a med board?

If you disagree with just the disability rating(s) you were given, you can appeal to the Physical Disability Board of Review (discussed below). If you have been found fit to continue serving, you may or may not be given the opportunity to have new evidence reviewed.

How do you fight a Medboard?

A (California) Medical Board Accusation triggers a time clock. To contest a Medical Board Accusation you must file a form that requests a hearing. That form should be included with the Accusation package and it is available on the Medical Board website.

Can you fight an MEB?

If you believe an unfair or inaccurate decision was made regarding your medical condition or future in the military, you can appeal an MEB/PEB decision.

What to do if a military record is denied?

If a request for correction of a military record is denied, the applicant can request that the board reconsider a decision. This can be done only once, and if it is not successful, the next course of action is to file a lawsuit in federal court. In either case an attorney should be hired to handle the appeal.

How long does it take for a BCMR to correct a military record?

This is yet another reason it is important to be represented by an attorney. Under the law BCMRs will not correct any military records more than three years after the incorrect information is discovered.

What is a DRB in military?

A military member can apply directly to the DRB or to the Board of Correction for Military Records (BCMR).

What are some examples of BCMRs?

Some of the more common examples include: Change a discharge to or from a military retirement or medical discharge; Upgrade a courts-martial discharge; Alter a reenlistment code so that a military member can reenlist;

Do veterans make mistakes?

Although most veterans are extremely proud to have served their country and their families are grateful for the sacrifices they have made in the name of freedom, the sad truth is that like any large organization, the military bureaucracy makes mistakes. Military members find multiple types of errors in their service records ...

Does a veteran service organization need a brief?

While Veteran service organizations exist and will often assist individuals in submitting an application to upgrade their discharge, most times such assistance does not include the submission of a brief and attendant supporting documents.

What is the board of corrections of military records?

The Board of Corrections of Military Records is where most service-members will end their defense process. This is the board that handles cases where every other avenue has been eliminated in attempts to alter a discharge status.

What documents are needed for a correctional hearing?

Some of the many documents necessary in order to proceed with your Board of Corrections hearing may include witness statements or affidavits, your medical and service records, references, your own statement and any other supporting documents that may be pertinent to your application process.

What happens if you have satisfied the criteria for a criminal record?

Once you have satisfied this criteria, you may then move forward with your attempt to prove that you have been the victim of an injustice or that there is an error in your records of some kind.

How long do you have to file a correction for a wrongful death?

You or your surviving family or representatives will only have 3 years from the date the error was discovered to apply to this Board for a correction.

Can you appeal a court martial?

In order to appeal to this board, you must first meet the criteria of being either the service-member in question, a relative, surviving spouse, or legal representative, you must not have a conviction under court-martial, and you must eliminate every other process or avenue open to you to change the records.

How long does it take to get a correction for a military record?

The veteran, survivor or legal representative generally must file a request for correction within three years after discovery of an alleged error or injustice. The board may excuse failure to file within the ...

Who can change military records?

Correction of Military Records. The secretary of a military department, acting through a board for correction of military records, has authority to change any military record when necessary to correct an error or remove an injustice. A correction board may consider applications for correction of a military record, ...

What is the military discharge review board?

Each of the military services maintains a discharge review board with authority to change, correct or modify discharges or dismissals that are not issued by a sentence of a general courts-martial. The board has no authority to address medical discharges.

What is required to justify a correction?

To justify any correction, it is necessary to show to the satisfaction of the board that the alleged entry or omission in the records was in error or unjust. Applications should include all available evidence, such as signed statements of witnesses or a brief of arguments supporting the requested correction.

Can NPRC make corrections?

Generally, that means a request to NPRC for a correction (minor corrections can be made by NPRC), then a request to the military service department (service departments can make more corrections than NPRC), and finally if both these fail, then submit DD Form 149, with supporting evidence as instructed on the form.

What happens if you have a wrong military record?

Whether you are on active duty, retired or a veteran, if you have erroneous or unjust adverse matters in your military record, then you are at risk of losing your military career, VA benefits, and civilian employment opportunities. However, you have the right to file a petition with the Board of Corrections of Military Records (“BCMR”) to have erroneous or unjust matters removed or corrected.

What to do before filing a BCMR petition?

Prior to filing a BCMR petition, you should seek other administrative remedies to correct the error or injustice. For example, you should appeal an NJP before filing a petition with the BCMR to have the NJP removed from your record. Similarly, if you are seeking to have your discharge upgraded, you must first file a petition to the Discharge Review Board.

How long do you have to file a BCMR petition?

You have three years from the date you discover, or reasonably could have discovered, the error or injustice to file a BCMR petition. The BCMR will review the merits of any delay and may waive the delay if the interests of justice will be served.

What is the Army BCMR?

Each branch of the service has their own BCMR, policies and procedures. The Army BCMR is called the Army Review Board, the Air Force has the Board for Correction of Air Force Records, the Navy and Marine Corps has the Board for Correction of Naval Records, and the Coast Guard calls it the Board of Correction of Military Records. Regardless, of the differences, all branches of the service require the use of the same DD Form 149 petition when requesting corrections to your military record.

Is it too late to retain a military attorney?

Whether you are facing military or civilian criminal allegations, in a military court, military administrative hearing, or a civilian court, for allegations on or off a military installation, that may jeopardize your career and/or your military benefits, it’s never too late to retain an experienced Civilian Military Attorney. Contact us right now.

Boards For Correction Of Military Records (BCMR)

Sometimes mistakes are made in documenting your military record. Sometimes there are injustices in your military record. Both can prevent you from receiving the benefits you deserve.

Success In Federal Court

Success in federal court begins at the administrative phase with your application to the BCMR, DRB, or other similar board. In most cases, an applicant is required to apply to the BCMR or DRB before filing in federal court. The record created at the administrative level will be what a federal judge relies upon to make a ruling.

Mr. Sheldon and his team will

Carefully review the board’s decision and identify appealable errors or other infirmities in the BCMR or DRB’s decision;

What are the military appeal boards?

The military service branches have various boards that consider and “hear” appeals of all types of military adverse actions – performance reports, denial of re-enlistment, demotion, denial/removal of promotion, written counselings, admonishments, reprimands, Article 15s, administrative discharge/separations. These boards include:

Can a military appeal board overturn a decision?

They have authority to overturn and remove many military adverse actions if a strong and persuasive appeal presentation, that satisfies the appeal standards, is made. In fact, they often have the authority to overturn decisions of lower level military appeal boards. Because of this, having an experienced and aggressive defense attorney on your side ...