An injustice has been done and I want to file a petition through the Board for Correction of Military Records for my service department!
Within the military, your last administrative appeal option is to the Board for Correction of Military Records (BCMR) or Board for Correction of Naval Records (BCNR) for the Navy/Marines. This is the final option for correcting your military record before filing a lawsuit in the Federal Court. If you are looking to upgrade your military discharge characterization, you must appeal to the Discharge Review Board (DRB) before the BCMR/BCNR. A petition with the BCMR/BCNR must be filed within three (3) years of discovering the error or injustice. An exception to the 3-year requirement can be made by the BCMR/BCNR “in the interests of justice.”
The Veteran’s Advocate team is ready to help you re-claim justice in your military career and record. We have seen and understand the myriad and unfortunate ways that service member rights can be so easily set aside by their Command or their Service Department. Particularly in cases where Military Sexual Trauma (MST) and/or Post-Traumatic Stress Disorder (PTSD) and/or Traumatic Brain Injury (TBI) have led to an injustice or denial of due process, we know how best to advocate for your case while using relatively new federal law and policy that memorialize beneficial standards of review and presumptions in favor of the service member.
As required by federal law and policy, the Board for Correction of Military Records (BCMR) now acknowledges the unique and sensitive nature of cases involving Military Sexual Trauma (MST) and Post-Traumatic Stress Disorder (PTSD). Special considerations must be made in these cases, taking into account the psychological and emotional toll associated with MST and PTSD. At The Veteran’s Advocate, we help you ensure the BCMR places emphasis on the need for a thorough review, considering the potential impact on your military records, career, and overall quality of life.
An injustice has been done and I want to file a petition through the Board for Correction of Military Records for my service department!
HAVE THE VETERAN'S ADVOCATE PREPARE YOUR BCMR PETITION
Explanation of the BCMR, generally:
The BCMR process, is a mechanism within the United States military system that allows service members to seek corrections to their military records when they believe an error or injustice has occurred. Each branch of the military has its own Board for Correction of Military Records, and these boards provide a means for current and former military members to address issues related to their personnel records.
It's important to note that the BCMR process can be complex, and service members should usually seek legal advice or assistance when pursuing corrections to their military records. The specific procedures and requirements can vary by service branch, and individuals, if representing themselves in the petition to the BCMR, should refer to the regulations and guidance provided by their respective military branch.
The BCMR typically follows this process:
1. Initiating a Request:
- The process typically begins with the service member submitting a formal request to the appropriate Board for Correction of Military Records. The request should include a detailed explanation of the alleged error or injustice.
2. Jurisdiction:
- The BCMR has the authority to review and correct errors or injustices related to a service member's military records. This may include corrections to promotion orders, performance evaluations, awards, or other personnel documents.
3. Grounds for Correction:
- Requests for correction are typically considered on specific grounds, such as administrative error, legal error, or the discovery of new evidence that was not available at the time of the original decision.
4. Submission of Evidence:
- The service member may submit supporting documentation, affidavits, or any evidence that substantiates their claim. This evidence is crucial in demonstrating the need for correction.
5. Board Review:
- The BCMR conducts a thorough review of the request, considering the information provided by the service member and any relevant military regulations or policies. The board may seek additional information if necessary. It is important to recognize and understand that the “burden of proof” in showing an error or injustice is on the military member. This means that particular care must be given to preparing the petition and supporting exhibits because if the military member does not overcome this initial burden of proof, the petition will almost certainly be denied.
6. Decision:
- After reviewing the case, the BCMR makes a decision. This decision may include the correction of records, the issuance of a new decision, or the denial of the request. The decision is typically communicated to the service member in writing.
7. Appeal Process:
- If the service member is dissatisfied with the BCMR decision, they may have the option to appeal. The appeal process varies by service branch but generally involves submitting additional documentation or arguments to support the appeal.
8. Final Decision:
- The BCMR's decision, including any appeal decisions, represents the final administrative action within the military system. If further action is desired, the service member may need to seek relief through the federal court system.
9. Effect of Correction:
- If the BCMR grants the correction, it may have implications for promotions, benefits, and other aspects of the service member's military career
