U.S. Military Records Correction Attorney

VA Lawyer Helping Veterans In The U.S. With Military Records Correction

The Board of Corrections of Military Records (BCMR) is a federally-authorized agency that provides corrections and updates to military records. It provides assistance to members of the military, their families, and survivors. The BCMR assists with verifying service, correcting errors, and aiding in the adjustment process. The Board of Corrections of Military Records (BCMR) has the power to change, delete, modify, or add to the contents of military records when "necessary to correct an error or remove an injustice."

What Is a Military Record?

A military record is a compilation of a military service member's service history. This can include any medals or commendations they have received, as well as any disciplinary actions or court-martial proceedings that have occurred during their service. Military records are often used by service members seeking certain benefits. These records may also be used to show proof of service in order to receive a military discharge certificate.

Types of Military Record Corrections That Can Be Made

There are three types of military record corrections that can be made: administrative, factual, and clerical.

Administrative corrections

These corrections are changes to a veteran's record that are made by the military personnel system for reasons such as name changes, incorrect classification, or changes to the veteran's pay grade.

Factual corrections

These corrections are changes to a veteran's record that are made as a result of an investigation or review of the veteran's record.

Clerical corrections

These corrections are changes to a veteran's record that are made by the military personnel system to reflect the actual information on the veteran's record.

How Can a Veteran Submit a Military Records Correction Request?

A DD Form 149 (Application for Correction of a Military Record), must be completed and submitted by a veteran who thinks that their service record has been tainted by an error or injustice. Several types of records may be updated, including administrative information, performance assessments and negative information, discharge and separation, compensation and benefits, decorations and awards, promotions and rank, and disabilities.

After submission, the BCMR will then review the request and update the veteran's military service record as necessary.

The Process for Reviewing and Acting on a Veterans Military Record Correction Request

The process for requesting a correction is as follows:

1. The veteran completes the DD Form 149, "Application for Correction of Military Record."
2. The BCMR reviews the information submitted and makes a determination on whether or not there is an error in the record.
3. If the correction is warranted and minor (such as a typo), the BCMR will make the change to the veteran's military record. If the correction is not warranted, the BCMR will inform the veteran of the reason for denial.
4. In the case where the case is major (e.g., upgrade the discharge of a general court-martial), it is forwarded to the Board of Corrections of Military Records (BCMR) for an amendment.

If the veteran believes their record is still inaccurate, they may appeal to the Board of Veterans' Appeals.

The Benefits of Having an Accurate Military Record

Veterans' benefits are determined in large part by the veteran's military service record. A complete and accurate military record can ensure that veterans receive all the benefits they are entitled to. A military record that is missing information or is inaccurate can lead to veterans not receiving all of the benefits they deserve. For example, a veteran's record may indicate that he or she did not serve in a combat zone, when in fact the veteran did.

Having an accurate military record can help veterans receive the benefits they deserve, including healthcare, education, housing assistance, etc.

Is There a Statute of Limitations for a Military Records Correction?

A Veteran's request to the BCMR must be made within three years of the date of discovery of the error or injustice. However, this three-year limit can be waived if the BCMR determines that a waiver is in the "best interest of justice." BCMRs do not have written standards or guidelines for deciding cases. The BCMR also rarely grants personal appearances.

There are two options if you wish to challenge a BCMR decision: resubmit your DD Form 149 or court review. A denial from a BCMR does not mean that a Veteran will never gain relief; it means that the Veteran failed to provide enough evidence to show an error or injustice occurred. If the Veteran obtains new evidence, he can resubmit the DD Form 149 for consideration.

Veterans can also appeal their denials in the federal courts. Review is granted only in specific circumstances, such as denials of back pay if the suit is filed within six years of the date on which the error first existed.

How Long Does it Take to Correct a Veteran's Military Records?

There is no definitive answer to this question, as it largely depends on the specific case and the extent of the correction that is required. Generally speaking, however, it usually takes several months to correct a veteran's military records, though in some cases it may take longer. This is due to the fact that the process of correcting records involves a number of steps, including reviewing and verifying the information, making the appropriate changes, and then sending the updated information back to the relevant agency or department.

Can an Attorney Help You?

The military records correction lawyer at the service-disabled, veteran-owned law firm at The Vet Law Office can help a veteran with the correction of a military record by ensuring that all necessary paperwork is submitted and that the process is completed as smoothly as possible. Edward M. Farmer will also be able to provide guidance and support throughout the process.

Contact Our U.S. Military Records Correction Attorney

In conclusion, if you are looking for help with your military records, The Vet Law Office is a great resource. Ed Farmer is a service-disabled combat veteran who knows how to navigate the system and get your records corrected. I fought for you before, let me fight for you again.

Contact Edward M. Farmer today at 1-800-700-4174 to set up a free consultation.