Attorney for Military Record Correction
Military Record Correction Attorney
Each branch of the military has a board that oversees the correction of service records. For example, you have the Air Force Board for Correction of Military Records, the Army Board for Correction of Military Records, the Board for Correction of Naval (Marine Corps) Records, and the Coast Guard Board for Correction of Military Records. Internal policies and procedures are relatively consistent across the Boards, and they exist to rectify any mistakes in a service member’s military records.
When submitting a petition for record correction to any one of these boards, it can be extremely beneficial to have the experience and assistance of a qualified military attorney on your side. Here at Wilkie Law Firm, our experienced military defense attorneys can assist you if you feel you are entitled to an adjustment or correction to your service records.
Board for Correction of Military Record: What is It?
The United States allows the secretary of each military department to rectify any military record if a mistake or injustice is discovered. However, the secretary must act through the Boards for Correction of Military Record, or BCMR. Applications for correction of a military record, including a review of a discharge given by courts martial, are all considered by the BCMR in each branch.
Service members must first apply to the review board of their respective branch for these corrections or alterations to be considered. For a correction to be made, it must be proven that the claimed entry or omission in the records was made in error or in an unjust manner. As such, all applicable proof—such as signed witness testimony or arguments proponing for the desired adjustment—should be included in this application. The more information and evidence provided the greater the chance of your success.
DD Form 149
Those who feel their military record has been tainted by a mistake or injustice and seek a record correction must first apply for Correction of Military Records, also known as DD Form 149. The categories of correction provided on this form include the following:
- Administrative Correction
- Pay & Allowance
- Decoration / Awards
- Performance / Evaluations / Derogatory Information
- Promotions / Rank
- Discharge / Separation
You can find DD Form 149 here: Application for Correction of Military Record.
Is There a Statute of Limitations for Record Correction?
Typically, the statute of limitations for record correction is three years. However, the boards have the authority to waive the statute of limitations should they see fit. In some cases, the boards can also authorize monetary compensation.
Reconsideration requests, on the other hand, usually have a one-year statute of limitations. The boards will likely request new evidence or arguments for these reconsiderations.
Why Do I Need an Attorney for Military Record Correction?
The BCMR will evaluate your physical health, psychological condition, quality of service, and reason for petitioning while reviewing your application. To offer yourself the best chance of success, hiring skilled legal counsel is highly advised. Having knowledgeable counsel like Aden Wilkie on your side will be incredibly useful when it comes time to advocate on your behalf. In addition, thousands of applications are received by the boards each year. Some of the boards have substantial backlogs, so any appeal might end up taking a lengthy amount of time to reach a conclusion. An attorney can help keep the process moving along while keeping you completely up to date on your case’s development.
Furthermore, board members are not required to have specialized or in-depth training, meaning they are not always legal experts. This simply makes it more important that you equip yourself with competent counsel who will be able to condense your facts and arguments into a succinct and easy-to-understand case on your behalf.
These boards see many requests throughout the year and the approval rate is exceptionally low. An experienced attorney can improve your chances of success by taking the information and synthesizing it into a logical and succinct argument for the board. Chances of success become even greater when you and the attorney you hire appear before the respective board in person to present your argument for relief.
What Does a Military Attorney Do for Record Correction?
To ensure your best chance of success in removing errors and making necessary corrections, your military attorney at Wilkie Law Firm will:
- Review and analyze your military record
- Gather proof regarding the error or injustice that needs to be remedied
- Search for viable records that support your claim
- Submit the petition and all necessary paperwork and documentation
- Prepare an appropriate response to the opinions issued by the board
- Represent you in all public events
- File an appeal with the United States Court of Claims or the District Court, if necessary
Retain The Services of a Skilled Military Attorney Today
If you believe your military records are inaccurate or unfair, it is important that you fight back against this injustice. The decisions made by these boards will have a direct impact on you and your family’s future. For your best shot at restoring your reputation and correcting your record, get the help of an experienced military defense attorney such as Aden Wilkie. Wilkie’s years of experience in both military service and in representing service members in legal matters puts him in the perfect position to assist you with your DRB or your BCMR case. To get someone on your side who knows how to advocate for you in these types of situations, call the Wilkie Law Firm today at 910-333-9626.
Hire the Best
Aden Wilkie is located in Jacksonville, NC and services armed forces at Camp Lejeune and Fort Bragg as well as other bases, camps, stations, and posts spanning the USA. Call the Devil Dog Defender today at 910-333-9626 or click the link below to schedule your initial consultation.