Everyone makes mistakes. But when that mistake impacts your military career it can have a profound negative impact. Luckily, the secretary of a military branch who acts through a board for correction of military records (BCMR) has the authority to correct any errors or remove any injustices within one’s military record.
In deciding what to correct, the correction board may consider taking applications for the following:
- Upgrading a discharge
- Change a reenlistment code
- Changing a discharge to or from medical discharge or military retirement
- Reviewing a Discharge Review Board Decision
- Making Other Changes to military records
- Reinstating a veteran into the military
In other words, BCMRs may do anything to alter military records but for overturning a general court-martial conviction. However, there are limitations.
Time Restrictions on Filing Requests for Correction
The veteran, survivor, or legal representative must typically file a request for correction within three years from the date of discovery of an alleged error or injustice. However, the BCMR has the authority to decide whether to excuse the failure to file within the appropriate amount of time should it decide that it would be in the best interest of justice. Still, it is the responsibility of the individual who missed the deadline to demonstrate why the failure to comply with the time deadline should be excused.
In order to apply to the BCMR for the purpose of justifying a correction, the applicant must demonstrate to the board that the alleged entry or omission was without merit or unjust. Therefore, each application should also contain all available evidence to support the request. If there is insufficient evidence to support that a correction should be made, the correction will be denied.
The Court Martial Law Division of Aviso Law LLC Can Help Those Who Believe that There Has Been An Unjust Entry or Omission on Their Military Record
An entry or omission on an individual’s military record can have profound impact on many things, with many veterans even being unjustly discharged. That’s why it is in the individual’s best interest to have the error corrected. But prior to requesting a correction of your records, it is likely in your best interest to speak with a knowledgeable and experienced Court Martial Law Attorney who has a deep understanding of the legal requirements and applicable regulations and laws surrounding the issues.
At the Colorado law firm of Court Martial Law Division of Aviso Law LLC, we have experience with helping our members of the military who have received an error or omission on their record. We understand the work that has gone into your military career. That’s why our attorneys will fight for you, as you have so courageously chosen to fight for our country. To learn more or to schedule a free consultation, visit us online or call us at 719-247-3111 today!
