You may apply to correct you military records with the Board for the Correction of Military Records (BCMR). BCMRs are the highest level of administrative appeal for each service and have the authority to correct an error or injustice in your case. A DD Form 149 is the Application for Correction of Military Record, which you complete and send to the BCMR for your service. This could mean correcting your records to add awards you were entitled to or applying to upgrade your military discharge.
If you were discharged from the service less than 15 years ago, you would use a DD Form 293 to apply to upgrade your discharge at the Discharge Review Board. However, if you were discharged more than 15 years ago, it may not be too late to apply to change/upgrade your discharge. While the BCMR states that you have three years after the discovery of the error or injustice to submit your application, it can waive this three years in the interest of justice. Be sure to notate on the DD Form 149, block 8(b) why you are submitting your application past the three-year point and why the Board should find it in the interest of justice to consider your application. The three-year deadline begins from the date you discovered the error or injustice. You should speak to someone who understands this process to see if you have a basis to for the three-year deadline to be waived.
The main part of the DD Form 149 in block 6 is where you tell the BCMR the error or injustice in your discharge. You will most likely need additional pages to attach to the DD Form 149. For example, my discharge was unjust because:
- Explain how your discharge was unjust or contained legal error.
- You will explain each allegation of misconduct in your Commander’s Notification Memorandum and explain why the misconduct occurred or did not happen and why the resulting Article 15, Letter of Reprimand, Letter of Counseling or other adverse action was unjust.
- You will discuss the legal error in your discharge from your service if there was a legal error in your case.
- To support your DD Form 149 application, you will attach documents that support your argument that the discharge was unjust or contained legal error. These may include your statement, statements from military members who served with you, family members or other witnesses who can provide evidence that your discharge was unjust.
Between 2014 and 2017, the Department of Defense came out with detailed guidance to the Review Boards that pertain to Veterans who were discharged. The Guidance states that liberal consideration will be given to Veterans petitioning for relief if the relief is related to matters relating to Mental Health conditions, including Post-Traumatic Stress Disorder (PTSD), Traumatic Brain Injury (TBI), Sexual assault or Sexual harassment. This Guidance is significant and may apply to your case.
- If you suffered from Post Traumatic Brain Injury (PTSD) while in the service and your discharge was related to your PTSD, your DD Form 149 should discuss the following items in detail:
- When did you get PTSD/TBI? Were you deployed?
- Explain how the PTSD and TBI affected you
- If you self-medicated with alcohol or drugs after PTSD/TBI, explain this.
- If you committed misconduct because of the effects of the PTSD/TBI, explain how you’re PTSD/TBI, or other mental health condition affected you, your life and caused problems/misconduct.
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- If you were a victim of Military Sexual Assault (MST) or sexual harassment while in the Service and your discharge was related to your experience of MST or sexual harassment your DD Form 149 should discuss the following in detail:
- When did you experience MST or sexual harassment?
- Explain how the experience of being an MST victim or a victim of sexual harassment affected you
- If you self-medicated with alcohol or drugs after being an MST victim or victim of sexual harassment, explain this.
- If you committed misconduct because of the effects of being a victim of MST or sexual harassment, explain how this affected you, your life and how your problems at work were affected by your experience.
Never give up. There is always hope.
