How to Correct Your Coast Guard Record at the Board for Correction of Military Records of the Coast Guard

Accurate military records are crucial for service members and veterans. They ensure you receive the benefits and recognition you’ve earned. If you find an error or injustice in your Coast Guard records, the Board for Correction of Military Records (BCMR) of the Coast Guard is your avenue for rectification. Hiring an attorney to assist in this process can significantly enhance your chances of success. This guide will walk you through the process and highlight the benefits of legal assistance.

Understanding the Coast Guard BCMR

The BCMR is an official board established to correct errors or injustices in military records. It has the authority to amend administrative errors, unjust or erroneous records, and other discrepancies that can affect your service history and benefits. However, there are limitations. The BCMR cannot change matters that are purely discretionary or subjective, such as performance evaluations unless there is clear evidence of an error or injustice.

Reasons for Requesting a Record Correction

Inaccurate records can have substantial consequences. Common reasons for seeking corrections include:

• Incorrect discharge status
• Missing awards or decorations
• Errors in service time or rank
• Removing negative counseling entries
• Incorrect medical records

These inaccuracies can affect your eligibility for veterans’ benefits, healthcare, and even future employment opportunities. Correcting them ensures you receive the full benefits and recognition you deserve.

Preparing Your Application

Before applying for a correction, gather all necessary documents and evidence. This may include service records, medical records, and witness statements. Detailed and accurate documentation is crucial for a successful application. Organizing your case effectively can be complex, and this is where an attorney’s expertise becomes invaluable.

Hiring an Attorney for Assistance

Hiring an attorney to assist with your BCMR application has several advantages:

• Proficiency in Military Law: Attorneys specializing in military law understand the intricacies of Coast Guard BCMR procedures and requirements. They can navigate the complex legal landscape, ensuring your application is thorough and compelling.
• Increased Chances of Success: An attorney’s experience and knowledge can significantly increase the likelihood of a favorable outcome. They can identify the strongest legal arguments and present your case in the most effective manner.
• Efficiency and Accuracy: Attorneys can help avoid common mistakes that could delay or jeopardize your application. They ensure all required information is included and formatted correctly.

To find a qualified Coast Guard BCMR attorney, seek recommendations from fellow Coast Guard members and veterans, veteran service organizations, or legal directories specializing in military law. Cost considerations are important; attorneys may charge a flat fee or hourly rate. Discuss fee structures upfront to understand the financial commitment.

The BCMR Application Process with Attorney Assistance

Completing DD Form 149 (Application for Correction of Military Record) is a critical step. Here’s how an attorney can help:

1. Initial Consultation: During the initial consultation, your attorney will review your case, identify potential errors or injustices, and discuss the evidence needed.
2. Gathering Evidence: Attorneys can assist in obtaining and organizing all necessary documents, such as service records, medical records, and witness statements. They can help you file a FOIA request to get missing evidence from the Coast Guard. They can also ensure that all evidence supports your claim effectively.
3. Form Completion: A Coast Guard BCMR attorney will help you complete DD Form 149, ensuring all sections are accurately filled out and that your arguments are clearly presented.
4. Submission: Your attorney will handle the submission process, ensuring your application is sent to the correct address and meets all submission requirements.

What to Expect After Submission

Once your application is submitted, the BCMR review process begins. Here’s what to expect:

• Initial Review: The BCMR conducts an initial review to determine if your application is complete and warrants further investigation. An attorney ensures that your application meets all necessary criteria.
• Evidence Analysis: If your application proceeds, the BCMR may request additional information from you or from an advisory committee at Coast Guard Headquarters. Your attorney can communicate with the BCMR on your behalf, provide further evidence, and clarify any issues.
• Decision-Making: The BCMR reviews all evidence and makes a decision. Possible outcomes include approval, denial, or a request for additional information. An attorney can help prepare for these outcomes and plan the next steps.

If your application is denied, you have the right to appeal the decision before a federal court. Your attorney can guide you through the appeals process, providing legal representation and ensuring your case is presented effectively.

It is paramount to file your Coast Guard BCMR petition with a federal court case in mind.  The federal court will only consider the administrative record created during the BCMR process.  Therefore, all arguments not raised during the first filing with BCMR will be waived.

Tips for a Successful Application

Several factors contribute to a successful BCMR application:

• Thoroughness and Accuracy: Ensure all documents are complete and accurately presented. An attorney’s attention to detail can prevent common mistakes.
• Strong Evidence: Present compelling evidence to support your claims. Attorneys can help gather and organize the most relevant documents.
• Clear Arguments: Make clear, logical arguments for why the correction is necessary. Cite to case law and regulations to show the legal error.  Attorneys can craft persuasive narratives that highlight the strengths of your case.
• Persistence and Patience: The BCMR process can be lengthy. Patience and persistence are key. An attorney can manage the process and keep you informed.

Accurate Military Records are Vital

Accurate military records are vital for receiving the benefits and recognition you’ve earned. If you discover an error in your Coast Guard records, taking action is essential. Hiring an attorney to assist with your BCMR application can significantly enhance your chances of success. Attorneys bring expertise, efficiency, and a higher likelihood of a favorable outcome.

If you’re considering correcting your Coast Guard records, take the first step by consulting with a qualified attorney at the Military Law Center for free. With more than 40 years of combined military law experience, the attorneys at the Military Law Center are equipped to handle your case professionally and with compassion.  Accurate records are your right, and legal assistance ensures you achieve the best possible results.

Additional Resources

For further assistance and resources, consider the following:

• Relevant Forms: DD Form 149
• Official Websites: Coast Guard BCMR
• Mailing Address: DHS Office of the General Counsel
  Board for Correction of Military Records
  2707 Martin Luther King Jr. Ave., SE Stop 0485
  Washington, DC 20528-0485
• Reading Rooms: Coast Guard Reading Room

FAQs

How long does the BCMR process take?

The process can take several months to over a year, depending on the complexity of the case.

Can I apply to the BCMR without an attorney?

Yes, you can apply without an attorney, but legal assistance increases your chances of a successful outcome.

What if my application is denied?

If denied, you have the right to appeal the decision in federal court. An attorney can guide you through the appeals process.

For personalized advice and assistance, consider consulting with an experienced military law attorney. Accurate records are essential, and with the right support, you can achieve the corrections you deserve.