Caruço Law
PLLC
Correction of Military Records
Correcting a military record is as much an art as it is a "science." There are procedures and checklists, to be sure. But, few get to pull back the curtain of these elusive boards to understand what they actually look for. I was very fortunate to sit on the Air Force Review Boards Agency (AFRBA) while stationed on Joint Base Andrews and got to take a peek.
Through two separate agencies, individuals can seek to upgrade a discharge, correct errors in their personal information, change records related to their awards and decorations, expunge records, and more.
These agencies are known generally as the Discharge Review Board and the Board of Corrections for Military Records. The Army and the Air Force/Space Force organize both under the Army Review Boards Agency and the AFRBA, respectively.
Discharge Review Boards (DRB)
DRBs review the fairness and equity of a service member's discharge. These are cases in which a service member wants to upgrade the characterization of his or her discharge.
Generally, you must submit your request within fifteen (15) years of your discharge. Appeals can include a personal appearance in addition the written submission.
However, DRBs do not have jurisdiction to upgrade a discharge ordered by a general court-martial. It doesn't get you back on active duty. It focuses on potentially upgrading your characterization of discharge or the narrative reason for separation listed on your DD 214.
How to Submit a Request
The process sounds straightforward. Submit a DD Form 293 with your supporting documents. However, an discharge upgrade lawyer with deep experience understands how to best persuade the DRB that the current upgrade was unjust or in error; that lawyer also understands how best to substantiate your arguments with evidence. And it's even better to work with a discharge upgrade lawyer that has seen both the volume of cases reviewed, and what the board members look for in requests.
Board of Corrections for Military Records (BCMR)/Board of Corrections for Naval Records (BCNR)
These boards are the super-administrative review boards of the services. They can correct almost anything.
The service member must exhaust all prior options first. So, if the DRB can hear it first, it must. And no personal appearances here. Written appeals only.
Though you must generally apply within three (3) years from the error or injustice, you can request a waiver if in the interest of justice.
How to Submit a Request
Like the DRB, the BCMR/BCNR process is also straightforward. Submit a DD Form 149 with your supporting documents. But again, a discharge upgrade lawyer with deep experience understands how to best persuade the BCMR/BCNR that the correction should be made. Just as importantly, if not more so, that lawyer also understands how best to substantiate your arguments with evidence. And it's even better to work with a discharge upgrade lawyer that has seen both the volume of cases reviewed, and what the board members look for in requests.
Experience Matters
An experienced lawyer with substantial experience working with and within the agencies responsible for the correction of military records can be crucial to your case. Caruço Law can guide you through the process and best prepare your case to convince the services to correct an injustice.