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. Each branch of service has its own Board of Correction, but the procedures are basically the same.
You apply to the Board of Corrections to request that an error be corrected or an injustice be removed from your military record. Many former military members have certain negative past history or a punitive discharge in their military record that they would like corrected. 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. an AWOL from 10 years ago). The Board of Corrections can make these corrections to your military record.
What powers does the Board have? The Board of Corrections 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 Courts-Martial. The Board can also remove a negative evaluation in your personnel file. This is not an all-inclusive list, but just several examples of the powers of the Board.
Who may apply? Active duty service members and former members of the regular Army, Navy, Air Force, Army, Navy, Air Force Reserve, and 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 from 8-10 months to complete. Our military legal team is knowledgeable in working with the service Boards of Correction of Military Records. If you have negative history in your service records, contact one of them to help you apply to the Board of Corrections of Military Records. Contact Tully Rinckey PLLC at 5182187100 to set up a consultation on the facts of your case.
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 5182187100 or at email@example.com