How to Get Help Fixing Your Military Record: A Guide to the Boards for Correction of Military Records (BCMR)

As experienced military law attorneys, we’ve seen firsthand the impact that errors in military records can have on veterans’ lives. Whether it’s an incorrect date, a misspelled name, or an unjust discharge, these mistakes can affect your benefits, your honor, and your peace of mind. The good news is that the Boards for Correction of Military Records (BCMR) exist to help you correct these errors. This guide will walk you through the BCMR process, answer common questions, and provide tips for a successful petition.

What is BCMR?

Understanding BCMR: The Boards for Correction of Military Records are administrative bodies established by each branch of the U.S. Armed Forces to correct errors or injustices in military records. Their primary role is to ensure that your official military record accurately reflects your service.

History and Authority: BCMRs were established under Title 10, United States Code, Section 1552. They have the authority to amend or correct any military record when necessary to rectify an error or remove an injustice. This broad mandate empowers BCMRs to address a wide range of issues affecting service members and veterans.

What Issues Can BCMR Fix?

Administrative Errors: One of the most common issues BCMRs address involves administrative errors. These can include incorrect enlistment or discharge dates, misspelled names, or incorrect personal details. For example, if your discharge date is listed incorrectly, it can affect your eligibility for certain benefits, such as the GI Bill or VA Home Loan.

Discharge Upgrades: BCMRs frequently handle requests to upgrade discharge statuses if the Discharge Review Board denied the first petition. If you believe your discharge characterization (e.g., General, Other Than Honorable) was unjust, you can petition for an upgrade. An upgraded discharge can significantly impact your access to veterans’ benefits and employment opportunities.

Promotion Errors: Sometimes, service members miss out on promotions due to administrative oversights or errors. BCMRs can correct these records, which can affect retirement benefits and back pay.

Medical Records: If there are errors in your medical documentation or if you need to add a diagnosis that was missed during service, BCMR can help. Accurate medical records are crucial for receiving appropriate healthcare and disability benefits.

Awards and Decorations: Ensuring you receive the correct awards and medals for your service is another area where BCMRs can assist. Missing or incorrect awards can affect not only your personal sense of achievement but also potential entitlements and honors.

Errors in Counseling Record:  BCMRs have the authority to review the negative counseling records service members receive to determine if a legal error occurred.  If a command failed to apply the law correctly, BCMRs can remove the record entirely.  This may be related to a PAC Order violation or wrongful drug use allegation.

Common Questions Petitioners Have

A. Eligibility and Filing

Who Can File? You, as a current or former service member, can file a petition with the BCMR. In some cases, surviving family members may also file on behalf of deceased veterans.

Is Your Case Eligible? To determine if your case is eligible for review, consider whether there is an error or injustice in your military record. The BCMR typically reviews cases within three years of discovery of the error, but exceptions can be made in the interest of justice.  The Military Law Center can help determine if your case is eligible for relief with a free consultation.

B. The Petition Process

How to File a Petition: Filing a petition with the BCMR involves several steps:

1. Obtain the Correct Form: The Department of Defense has a standard form for petitioners (DD Form 149).
2. Complete the Form: Provide a detailed explanation of the error or injustice and the correction you seek.
3. Submit Supporting Documentation: Include any evidence supporting your claim, such as service records, medical records, and witness statements.

Required Documentation: Essential documents may include your DD-214, any relevant medical records, performance evaluations, and any other supporting evidence.

Timeline: The process can take several months to over a year, depending on the complexity of your case and the backlog of petitions.

C. Legal Representation

Do You Need a BCMR Lawyer? While it’s not necessary to have a BCMR lawyer, legal representation can significantly improve your chances of success. An experienced military law attorney can help you navigate the process, gather necessary evidence, identify the legal errors or injustice, and present a compelling case.

D. Decision Outcomes

Possible Outcomes: After reviewing your petition, the BCMR can approve, partially approve, or deny your request. Approved corrections will be made to your official record, and you will receive a copy of the amended record.

What If You’re Denied? If your petition is denied, you can appeal the decision in federal court or reapply with new evidence. Consulting with a BCMR attorney can help you determine the best course of action.

E. Impact on Benefits

Veterans’ Benefits: BCMR decisions can have a significant impact on your benefits. Correcting errors can restore access to VA healthcare, education benefits, and disability compensation.

Retroactive Decisions: BCMR decisions can be applied retroactively, which means you might be eligible for back pay or retroactive benefits. This can provide financial relief for past injustices.

Tips for a Successful Petition

Gathering Documentation: Collecting and organizing documentation is critical. Ensure you have all relevant records, which may include your DD-214, negative counseling records, medical records, and any correspondence related to your case.

Writing a Compelling Statement: Your personal statement should clearly explain the error or injustice and how it has affected you. Be specific and provide as much detail as possible.  While the BCMR will attempt to address your concerns, the burden is on you to clearly explain your legal error or injustice.

Support from BCMR Attorneys: Seek support from organizations dedicated to veterans. Not all law firms practice in this complex area of law.  However, dedicated BCMR attorneys can provide valuable assistance in gathering documentation, writing statements, and understanding the process.

Resources and Support

Contact Information: Here’s how you can get in touch with BCMR offices:

Correcting errors in your military record is crucial for ensuring you receive the benefits and recognition you deserve. Don’t hesitate to review your records and seek corrections if needed. The process may seem daunting, but with the right information and support, you can successfully navigate the BCMR and rectify any mistakes. Remember, help is available from BCMR Attorneys, and taking action can significantly impact your future.