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When you complete your active duty military service and hang up your uniform for the last time, a part of your warrior past can stay with you: your service records. And if there are problems in your records from the past, they can haunt you in your present and future.
The Arizona military records correction attorneys at Stone Rose Law are well-versed in the rules and regulations that govern military records. If you need to correct the record of your service, we can help. Contact us today to schedule your free consultation by calling our law firm at (480) 498-8998.
Examples of records that can be corrected include administrative information, pay and allowances, decorations and awards, performance evaluations and derogatory information, disabilities, promotions, and separation from service.
Blemishes on your service records, up to and including a discharge under less than honorable conditions, can affect you in several ways:
Unfortunately, many service members and veterans can attest to having problems with their records during and after their service. These problems can take a lot of time and effort to correct.
Issues with military records generally fall into one of two main areas: inaccuracies in your records and incorrect discharge statuses.
The most common military record issues our Arizona military records correction lawyers have seen include:
If you are an active-duty servicemember or former service member of the Army, Navy, Air Force, Space Force, Marines, or reserve components of these services, you are eligible to apply to have your records corrected.
You may also apply if you are the surviving spouse, next of kin, or a legal representative seeking to correct the military record of a service member who is now deceased or incompetent.
Note: Court martial convictions cannot be overturned, pardoned, or otherwise removed through a regular records correction process. Speak with a knowledgeable Arizona military records correction lawyer at Stone Rose Law to learn more.
There are two reasons why your service documentation should be accurate.
The first is the importance of having an accurate record of service. Without an accurate document of your history, you may miss out on qualifying for certain awards or certifications.
The second reason is financially related. Miscalculating retirement points can result in losing tens of thousands of dollars you are lawfully entitled to receive.
The Board for the Correction of Military Records, or BCMR, is your main resource for correcting mistakes in your service record.
Each main service branch (Army, Navy, and Air Force) has its own BCMR. The U.S. Space Force and the Marines within the Navy are within Air Force jurisdiction.
It is your responsibility to provide proof or relevant evidence of your correct history. Some of the kinds of evidence that can be persuasive in a record correction include witness-signed statements, supporting documentation, and expert opinion testimony.
You must apply to the BCMR within three years of your discharge date, a negative DRB decision, or discovery of the error or injustice in your records.
The BCMR may still accept a late application after the three-year limit if you can show reasonable cause for missing the deadline. It is in the interests of justice that the BCMR accept and review your application.
If you have missed the deadline, an experienced Arizona military records correction attorney can help you overcome this restriction and have the board hear your case.
Once you have completed your written request and have relevant evidence to go with it, you can send it to your BCMR.
The Army and Air Force BCMRs, and the Board for Correction of Naval Records are authorized to change your military personnel records in many ways, including:
Discharge upgrade requests made within 15 years of separation from service must first go through the Discharge Review Board (DRB) for each service branch. This requires filing DD Form 293 (the Application for the Review of Discharge from the Armed Forces of the United States).
The DRB of each service has the authority to change, correct, or modify discharges or dismissals other than medical discharges or those imposed by a court martial.
A less-than-honorable discharge that resulted from being absent without authorization for more than 180 days will ordinarily make you ineligible for U.S. Department of Veterans’ Affairs (VA) benefits, even if the DRB modifies the discharge.
However, this restriction can be lifted if the VA determines that compelling circumstances existed for the absence. Aside from the VA, a BCMR can review these extended absence cases.
The dedicated military records correction attorneys at Stone Rose Law are ready to comb through your records and military regulations to ensure you receive everything you are entitled to. Contact us online today for a free consultation by calling our law firm at (480) 498-8998.
Whether you fall under the Army Board for Correction of Military Records (ABCMR), the Air Force Board for Correction of Military Records (AFBCMR), the Board for Correction of Naval Records (BCNR), the Coast Guard Board for Correction of Naval Records (CGBCNR), or the Public Health Service Commission Corps Board for Correction of Military Records (PHSCCBCMR), we can assist.
No matter the size of an error, the Arizona military law attorneys at Stone Rose Law can help correct it.