Discharge Review Board & BCMR/BCNR
There are two different methods for correcting issues with your records. Discharge Review Boards are designed specifically to handle requests for discharge upgrades. The BCMR has broad authority to correct a variety of errors in records.
Discharge Review Boards
Upon being discharged from the military, every veteran is issued a DD Form 214. It contains information about your period of 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 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 review process can take a long period of time and involves obtaining records, putting together a strong argument using the law where it may apply, 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
The (BCMR) exist for every military service branch, though the Navy and Marine Corps share the Board for Correction of Naval Records (BCNR). These boards were established to correct errors in the records of active duty and former service members and combat veterans.
When inaccurate or unjust information is in a servicemember's records, it can affect promotion, VA benefits, 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 service member 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 Military Defense, PC today at 619-376-6820.
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