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Correction of Military Records

The Board for Correction of Military Records is the highest level of administrative review within the various services with the mission to correct errors in or remove injustices from service military records. While each branch of service has its own Board for Correction, the procedures are essentially the same.

Overview

You apply to the Board for Correction to request that an error be corrected or an injustice be removed from your military record. The Board is more likely to approve a correction if you have made some changes in your life and can prove that you have been stigmatized by the negative history for an extended period of time and that in all fairness, the stigma should be lifted, i.e. AWOL 10 years ago. The Board for Correction can make these changes.

What powers does the Board have? The Board for Correction can upgrade a discharge, remove a letter of reprimand, and change the narrative reason for a discharge. For example, the Board can upgrade an Other than Honorable (OTH) discharge received as a result of a discharge in lieu of a court-martial. The Board can also remove a negative evaluation in your personnel file. This is not an all-inclusive list but just a couple examples of the powers of the Board.

Who may apply? Active duty soldiers and former members of the Regular Army, Navy, Air Force, including the Army, Navy, Air Force Reserve, as well as the Army and Air National Guard. If the former member is deceased or incompetent, the surviving spouse, next of kin, or a legal representative may apply. However, the application must include supporting documentation such as a certified copy of a marriage license, death certificate, or power of attorney as appropriate.

Are there any time limits? Yes, an application must be filed within 3 years after an alleged error or injustice is discovered or reasonably should have been discovered. However, the Board has the authority to waive an application filed untimely in the interest of justice.

The process takes 8-10 months to complete. Greg T. Rinckey, Esq. is a former JAG officer and is knowledgeable in working with the various Board for Corrections to help correct any military record. If you have a negative history in your service records, contact the experienced military lawyers at Tully Rinckey PLLC today to assist in any correction. Consultations are confidential, call 703-525-4700 to speak to a firm representative.

 

The military lawyers at Tully Rinckey PLLC are also available around the clock to assist you in your injury claims against the Department of Veterans Affairs medical facilities. If you or your loved one experienced an injury while in VA care, you may be entitled to file a medical malpractice claim. To learn more about the process, download Tully Rinckey’s free guide to suing the Department of Veterans Affairs. If you have further questions or need legal assistance in evaluating your claim, contact us today at 703-525-4700.

Contact Tully Rinckey PLLCContact us during normal business hours via Skype. Click on the image above to schedule a time to speak with an attorney.

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