The Process for Correction of Military Records: A Comprehensive Guide

For service members and veterans, errors or injustices in military records can have far-reaching consequences, affecting everything from benefits to employment opportunities and personal legacy. Fortunately, there is a process for correcting errors or injustices through the Board for Correction of Military Records (BCMR). These boards have the authority to fix administrative and legal errors in a wide range of records, including discharge status, pay, promotions, and even medical retirement classifications.

This in-depth blog will explain how the process works, where to request relief, timelines for filing, the standard of proof, what the boards consider in their decisions, and how an attorney can improve your chances of success.

What Is the Board for Correction of Military Records (BCMR)?

The BCMR is the highest administrative board for correcting errors or injustices in military records. Each branch of the military has its own Board for Correction, including:

• Army Board for Correction of Military Records (ABCMR)
• Navy/Marine Corps Board for Correction of Naval Records (BCNR)
• Air Force Board for Correction of Military Records (AFBCMR)
• Coast Guard Board for Correction of Military Records (CGBCMR)

These boards have broad authority to make corrections to service members' military records. Typical requests include correcting discharge characterizations, adjusting pay, adding or removing awards, and even correcting the reason for discharge (such as changing a discharge for misconduct to one for medical reasons). In some cases, boards may also grant equitable relief, meaning relief based on fairness rather than strict adherence to regulations.

Places to Request Relief: BCMR vs. Discharge Review Boards (DRB)

While the BCMR is the ultimate authority for correcting military records, it's important to know when to apply to the Discharge Review Board (DRB) instead.

• Discharge Review Boards (DRB): DRBs handle cases involving discharge upgrades and are limited to reviewing discharges that occurred within the last 15 years. DRBs only evaluate the characterization of discharge (e.g., changing a General (Under Honorable Conditions) to an Honorable). They cannot change the underlying reason for discharge or correct other service record errors.
• BCMR: If you were discharged more than 15 years ago, or if you are seeking to correct records beyond discharge characterization (such as adjusting pay, fixing administrative errors, or correcting retirement records), you must apply to the BCMR. The BCMR has broader authority and can also hear cases after a DRB decision if you are unsatisfied with the outcome.

Timeline for Filing a Request

The statute of limitations for filing a request with the BCMR is generally three years from the time the error or injustice is discovered or should have been discovered. However, the BCMR has the discretion to waive this three-year limit if it determines that doing so is in the "interest of justice."

For those applying to the DRB, there is a 15-year limit for requesting a discharge review. If your discharge occurred more than 15 years ago, the DRB will not hear your case, and you must apply to the BCMR instead.

Even if you have exceeded the three-year or 15-year timeline, it's important to submit your application as soon as possible. In many cases, the board may still hear your case if you can show that you acted reasonably upon discovering the issue or that it is in the interest of justice to waive the time limit.

Standard of Proof

The standard of proof for cases brought before the BCMR is a preponderance of the evidence, meaning that it is more likely than not that the requested correction is warranted. In other words, the evidence must show that it is more probable than not that an error or injustice occurred and that the correction is necessary.

The applicant bears the burden of proof, meaning it is up to you to provide sufficient evidence to support your claim. This is where gathering documentation, such as service records, medical records, and statements from colleagues or superiors, becomes crucial to building a strong case.

Types of Issues the BCMR Considers

The BCMR has broad authority to consider a wide variety of issues related to military records. These include:

• Discharge Upgrades: While discharge review boards handle most requests for discharge upgrades, the BCMR can consider cases where the DRB has already ruled, or where the reason for discharge itself needs to be changed (e.g., changing a misconduct discharge to a medical discharge).
• Corrections to Pay and Allowances: This can include back pay, corrections to military pay grade, or adjustments to retirement pay.
• Medical Records Corrections: This may include correcting records related to medical discharges, disability ratings, or conditions that were not properly considered at the time of discharge.
• Awards and Decorations: Requests to correct service records to add or remove awards or decorations.
• Administrative Errors: This may include correcting clerical errors or administrative oversights that negatively impacted the service member’s record or benefits.

Decisions Based on Equity Rather than Law

One of the unique aspects of the BCMR is its ability to grant relief based on equity, rather than strict adherence to the law. Equitable relief means that the board can correct an error or injustice even if the initial decision was legally correct at the time.

For example:

• If a service member was discharged for misconduct but can show that they were suffering from undiagnosed PTSD at the time, the board may determine that it is equitable to change the characterization of discharge to reflect the medical condition.
• A service member who was denied promotion due to an administrative error may receive an adjustment to their record, even if the error was not discovered until years after they left the military.

Equitable relief is especially important in cases involving mental health conditions, like PTSD or TBI, where societal and military understanding of these conditions has evolved significantly over time. The BCMR recognizes that service members discharged under older standards may deserve a second look at their case in light of new information or treatment standards.

How an Attorney Can Help with a BCMR Request

The process of requesting a correction from the BCMR can be complex and requires careful preparation. While you have the right to file a request on your own, having an experienced attorney can greatly increase your chances of success. Here’s how an attorney can help:

1. Understanding the Law and Regulations: An attorney with experience in military law knows the specific regulations and precedents that apply to your case. They can navigate the complexities of military regulations and identify the most compelling legal arguments to support your request.
2. Gathering and Presenting Evidence: Your attorney will help you gather the necessary documentation and evidence to support your claim. This may include obtaining service records, medical records, and letters from witnesses or experts. An attorney will also ensure that your evidence is presented in a clear, organized, and persuasive manner that aligns with the board’s standards.
3. Crafting a Strong Argument: One of the most important roles of an attorney is to craft a compelling argument that addresses both the legal and equitable aspects of your case. They will highlight errors in your records and show how correcting them is in the interest of justice. They will also frame your case in terms of fairness and mitigating circumstances, such as previously untreated medical conditions or administrative oversights.
4. Assisting with Hearings and Appeals: While most decisions are made based on the written record, some cases (like before a DRB) may involve hearings. Your attorney can represent you at the hearing, making legal arguments and questioning witnesses. If your initial request is denied, your attorney can help you appeal the decision or file a lawsuit in federal court if necessary.

Conclusion: The Benefit of Having Legal Assistance

The correction of military records can be a long and complex process, but for many veterans, it is essential to restoring their benefits, improving their reputation, or correcting injustices from their time in service. Whether you are seeking a discharge upgrade, a change in your disability status, or the correction of a pay issue, having experienced legal counsel on your side can make a significant difference.

At Patriots Law Group, our attorneys are well-versed in military law and have extensive experience helping veterans navigate the BCMR process. We understand the importance of these corrections and will work tirelessly to ensure your case is presented effectively and fairly.

Contact us today to schedule a consultation and get the assistance you need to correct your military records. Call 301-952-9000 or use our online scheduling links to get started.

DISCLAIMER: The information provided in this blog is for general informational purposes only and does not constitute legal advice. Reading or engaging with this content does not establish an attorney-client relationship between you and our law firm. If you need legal assistance regarding your specific situation, we encourage you to contact us directly for a consultation.

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