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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, the procedures are basically the same.

Overview

You apply to the Board of corrections to request that an error be corrected or an injustice be removed from the your military record. Many former soldiers 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 it all fairness the stigma should be lifted, i.e. AWOL 10 years ago. The Board of corrections can make these corrections.

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 then 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 soldiers 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. Greg T. Rinckey Esq. is a former JAG officer and 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 the Service Members Law firm at 202-787-1900 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 202-787-1900 or at info@fedattorney.com.