Discharge Review Boards & BCMR/BCNR
There are two different methods for correcting issues with your military records. Discharge Review Boards are designed specifically to handle requests for discharge upgrades. Boards for the Correction of Military Records have broad authority to correct a variety of errors in records.
Discharge Review Boards
Upon discharge from the military, every veteran is issued a DD Form 214. It contains information about your time in service, including the reason for discharge and the characterization of the discharge. A negative discharge characterization can affect a multitude of veterans' benefits.
We frequently hear the myth that some discharges will be automatically upgraded. That is not true. Congress has established the Discharge Review Boards (DRBs) under 10 USC § 1553, and servicemembers must file requests for upgrade for the DRB to take action. Each service has their own rules and regulations for how their DRB operates.
Every request for a discharge upgrade must be made within 15 years of the date of separation. Requests for upgrade must include evidence showing there has been an injustice in your case. The process can take a long time and involves obtaining records, putting together a strong argument using the applicable law, and awaiting the DRB's decision. Getting help from an attorney like Stephanie is essential because it is not easy to get your discharge upgraded.
Boards for the Correction of Military Records
Every branch of service has a Board for the Correction of Military Records (BCMR), though the Navy and Marine Corps share the Board for the Correction of Naval Records (BCNR). These boards were established to correct errors in the records of active and former servicemembers.
When inaccurate or unjust information is in a servicemember's records, it can affect promotion, VA compensation, employment eligibility, and much more. The Boards have a broad authority to issue corrections and change records. You are under a time limit of three years from the time the error or injustice occurred to submit your request for correction.
The burden is on the servicemember to research the issues, collect evidence, put together a strong appeal package, and make the best arguments for the corrections you desire. It can take a long time to build the strongest case possible, so you must contact a qualified attorney as soon as possible.
Contact Kral Criminal Defense today at 619-376-6820.
Contact Stephanie Today