Most military or naval records contain some type of error. Sometime the error is small and of little consequence. At times, however, the error is large and of major consequence. At other times, still, there is simply a desire to correct errors.
Any individual with military records may apply to the appropriate service's Board for the Correction of Military Corrections. The heirs or attorney of one with military or naval records may also apply for correction of errors.
The Army, Air Force, and Coast Guard have separate boards. The Navy operates the board for both Navy personnel and members of the Marine Corps. An application to the Department of the Navy is often called the correction of Naval records.
Title 10, United States Code, Section 1552, is the federal statute governing the correction of military and naval records. This statute authorizes the Secretary of the service concerned to correct any military record when necessary to correct an error or injustice. The purpose of the statute was to relieve the Congress from consideration of private bills to correct errors or injustices in military records. The statute provides for the service secretaries to act through a board of appointed civilians in considering applications for correction of military records.
AFI 36-2603, Air Force Board for Correction of Military Records, implements the statute within the Air Force. Army Regulation 15-185 implements the statute within the Army. The Code of Federal Regulation; Title 33, Part 52 implements the statute within the Coast Guard. The Navy and Marine Corps implements the statute though Code of Federal Regulations; Title 32, Part 723.
One should seek alternatives before applying to correct a military record. One can look to see if there is a process that does not require board intervention. An appeal requesting upgrade of a discharge should normally be submitted to the service's Discharge Review Board under Department of Defense Directive (DoDD) 1332.28, Discharge Review Board (DRB) Procedures and Standards. The board will often return an application that has not sought relief through the appropriate administrative process. One should submit a request for correction of records no later than 3 years after you discover the error or injustice. The boards will often review the merits of untimely applications. If the applicant's delay is determined as meritorious, the timeliness is waived in the interest of justice.
I recall one case that I worked on in the years 2005 - 2006 time period. The applicant alleged that he and other African American soldiers were mistreated during World War II era. The applicant alleged that his mistreatment was racially motivated. The applicant, however, was able to correct his military records about 65 years after the wrong done to him.
The application for correcting military or naval records is done by submitting a DD Form 149. The DD Form 149 should be done with care. Attach copies of statements or records that support your case. It is not enough to provide the names of witnesses. The Board will usually not contact your witnesses to obtain statements. You should contact your witnesses to get their signed statements with your request. I often advise applicants to get the statements notarized.
The applicant's own statement is important. The applicant should explain what happened and why it is an error or injustice. Sometimes, one can hire an attorney for direct representation. Attorneys also represent applicants as ghostwriters. A ghostwriter is someone who prepares the documents and the applicant signs the written product.
Best of luck in the correction of records.
GREGORY CHANDLER, Attorney at Law
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