Board for the Correction of Military Records (for Discharge Upgrades after the 15-year Deadline) 

What is it? Active duty service members or former members of the military who discover an error in their military record can file an application to correct it, such as requesting an upgrade to their discharge.

Because a request for a discharge upgrade to the DRB must be made within 15 years after the date of discharge, if you miss this deadline, you may apply to the Board for Correction of Military Records (BCMR) or Board for Correction of Naval Records (BCNR) for an upgrade.

Please note that generally, the application to the BCMR must be filed within 3 years after the discovery of the error or injustice. However, the law allows the Boards to waive the three years if it finds it to be “in the interest of justice.”  You may also file a request for reconsideration of a determination of the BCMR, no matter when filed, if supported by materials not previously presented to or considered by the board in making its determination.

The Department of Defense (DoD) issued Supplemental Guidance in 2017 stating that liberal consideration will be given to Veterans petitioning for relief when the relief is based in whole or in part on matters relating to Mental Health conditions, including Post-Traumatic Stress Disorder (PTSD), Traumatic Brain Injury (TBI), Sexual assault or Sexual harassment.

Boards will examine whether the above conditions excused or mitigated the misconduct that caused a less than honorable conditions characterization of service in determining whether the veteran’s discharge should be corrected.

In July 2018, the Undersecretary of Defense, Robert L. Wilkie, issued Guidance to Military Discharge Review Boards and Boards for the Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations.  Click HERE to learn more about this Important Guidance.

You should speak with an attorney to discuss your specific case and the time limits that apply with respect to cases that involve the above conditions or occurrences if the Board considered your case prior to the DoD Supplemental guidance.

I am here to take a stand and be your voice.

If you are facing injustice, I can help you take a stand and be your voice against the injustice. 

Board for Correction of Military Records (BCMR)

If you are an active duty service member or Veteran and there is an error or injustice in your military records, such errors may cause a hardship both while you are on active duty or in your post-military life. You have 3 years from the time you discovered the error or injustice to submit an application.  However, the board may waive the 3-year time-limit if it is in the interest of justice to consider the application. 

If you believe you are a victim of an error or injustice, you can apply to correct your records by submitting an application to the Board for Correction of Military Records (BCMR) or Board for Correction of Naval Records (BCNR) for your service using a DD form 149.  This may include a request to remove an adverse document from your records (such as nonjudicial punishment) or request a change to your administrative discharge record (if the 15 year time limit for the Discharge Review Board has passed).  The BCMR can also upgrade discharges issued by a special or general court-martial for purposes of clemency.  As it relates to Clemency, the Department of Defense has stated that “If you believe your post-service conduct and contributions to society support an upgrade or correction” [of your military records], you may “describe your post-service activity” to support your application

You may apply to the BCMR to request any other change to your official military records.  This may include a change to your records relating to the transfer of Post 9/11 GI Bill educational benefits (TEB) to your dependents.

I am happy to discuss your case and give you my assessment as to whether you have a favorable chance to change your official military records based upon an error or injustice and give you a strategy to get the best result.