Board of Correction for Military Records (BCMR)

What Information is Contained in a Service Members Military Records?

A military record, also known as a service record or military personnel file or OMPF, is an official document that contains information about a person’s military service. Military records are maintained by the Department of Defense and individual military branches and are considered confidential.  The information contained in a military record can include:

• Personal information: This includes the service member’s name, Social Security number, birthdate, and other identifying information.
• Enlistment information: This includes the date and place of enlistment, branch of service, and rank upon entry.
• Service information: This includes the dates and locations of the service member’s assignments, duty stations, deployments, training, and any awards or decorations received.
• Personnel actions: This includes promotions, disciplinary actions, nonjudicial punishments, court-martial proceedings, and administrative separations.
• Education and training: This includes any formal education or training received while in the military.
• Medical records before 1992: This includes information about the service member’s medical history, physical examinations, and any injuries or illnesses incurred while in the service.

Military records can be requested by the service member, next of kin, authorized representative, or government agencies. Certain information in military records may be restricted to protect the service member’s privacy, but a large amount of information is normally made available upon request. Military records can be an important source of information for veterans who are applying for benefits, proving eligibility for VA Health Care, or researching their family history.

How Does a Service Member Request their Military Records?

A service member can request a copy of their military record or service record (OMPF) by following these steps:

• Submit a request: The service member must submit a written request for their military record to the National Personnel Records Center (NPRC) in St. Louis, Missouri. This is done by executing a Standard Form 180, Request Pertaining to Military Records. The request for the OMPF can also be made online using the eVetRecs system, by mail using the Standard Form (SF) 180, or by fax. Veterans who separated from military service after 1999 can also view and download their OMPF through the milConnect website.
• Provide identification: The service member must provide identification to verify their identity, such as a copy of their driver’s license or other government-issued ID.
• Provide service information: The service member must provide information about their service, such as their full name, Social Security number, dates of service, branch of service, and any military identification numbers.
• Pay any applicable fees: There may be fees associated with obtaining military records, such as for research, photocopying, and mailing.

The NPRC processes approximately 4,000-5,000 requests per day, so obtaining copies of the paper military records can take some time.  It is recommended that service members submit their request at least 90 days before they need the information.  Use of the online requests is highly recommended.  Records are released based on the privacy laws that identify the types of information and who may access them.  It is also essential to note that some record types have a different creation date.  For example, a Marine Corps OMPF typically does not commence until completion of recruit training.

What Kind Corrections Can Be Made to a Service Member’s Military Records?

The Service Component Boards for Correction of Military Records (BCMR) have very broad authority to review and correct errors or injustices in a service member’s military record, OMPF, or officer record brief (ORB).  The types of corrections that can be made by the BCMR include:

• Correction of factual errors: This includes correcting errors in a service member’s personal information, such as their name, Social Security number, or date of birth.
• Correction of military records: This includes correcting errors or omissions in a service member’s military record, such as dates of service, promotions, awards, or disciplinary actions (including NJP, administrative separation, unfavorable discharges, and other derogatory information).
• Correction of evaluations: This includes correcting errors or injustices in a service member’s performance evaluations or fitness reports.
• Change of characterization of service: This may include upgrading a service member’s discharge characterization, which can affect their eligibility for certain benefits, such as VA education and disability benefits.
• Other types of relief: The BCMR may also provide other types of relief, such as correcting a service member’s pay or allowances, or granting a waiver of indebtedness.

It’s worth noting that the BCMR has limited authority and cannot change the outcome (findings) of a court-martial or other judicial proceedings, however in some cases they can upgrade the discharge. Additionally, the Board of Corrections for Military Records (BCMR) cannot grant ex-servicemembers VA benefits or retirement benefits, although the underlying records authorizing such benefits can be corrected and changed.  The BCMR has very broad power and can make changes to virtually any military record including:

• Authorize and Award Discharge Upgrades
• Award Characterization of Service Upgrades
• Reinstatement of Service Members to the Service
• Change “titling” Decisions by Military Law Enforcement
• Remove Derogatory Document (NJP, Bad Evaluations)
• Change Fitness Reports and Evaluations
• Authorize Promotions
• Establish Eligibility for Retired Pay
• Issue Pay Date Changes
• Relive Bonus Recoupment Orders
• Restore Eligibility to MGIB Programs
• Upgrade a Courts-Martial Discharge
• Alter a Reenlistment Code Enabling a Service Member to Reenlist
• Reinstate Rank and Promotion Dates
• Review and Change Discharge Review Board (DRB) Decisions

If you are seeking a discharge upgrade, change in characterization of service, the removal of nonjudicial punishment, the change in evaluations, or seek any other positive change in your military records, please call the military lawyers at the Law Office of Wil M. Helixon to discuss submitting an application to the Board of Corrections for Military Records (BCMR).  Call today, as your time to file is limited.

How Does a Service Member Apply to the BCMR Correct their Military Records?

If the service member is seeking corrections to their service record (OMPF) or was discharged more than 15 years ago, they submit a DD Form 149, Application for Correction of Military Record or Discharge Review Board (DRB), and all supporting documents justifying the correction to their respective Service Board of Correction for Military Records (BCMR).  If the service member is seeking only a review of their discharge, they would use a DD Form 293, Application for the Review of Discharge from the Armed Forces of the United States, to apply to upgrade their discharge.  The military lawyers at the Law Office of Will M. Helixon, including Will M. Helixon and John Caulwell are standing by today to assist you with preparing your application to the Board of Corrections for Military Records (BCMR).

What are the Different BCMRs for Each Service?

If you are appealing an administrative separation or a characterization of service in any branch of the military, you can appeal through the Service Board for Correction of Military Records or the Board of Correction of Naval Records.  These Boards provide current and former military personnel, their families, and other interested parties with a means to correct records or remove errors in their military records. They are responsible for reviewing and correcting military records of Navy personnel and Marine Corps, Army, Air Force, and Coast Guard service members.  Here is a list of the Service Boards of Correction of Military Records:

• Air Force and Space Force: Air Force Board of Correction of Military Records
• Army: Army Review Board Agency (includes the Army Board of Correction for Military Records and the Army Discharge Review Board)
• Coast Guard: Board for Correction of Military Records of the Coast Guard
• Navy and Marine Corps: Board for Correction of Naval Records

For discharge upgrade requests denied by your Service Board of Correction for Military and Naval Records, you may also be eligible to apply to the newly-created DoD Discharge Appeal Review Board.

How Does a Service Member Submit an Application to the Service Component BCMR?

After exhausting all administrative remedies, a service member can submit a request for correction of military records to the service component Board of Correction of Military Records (BCMR) in writing by following these steps:

• Obtain the necessary forms: The Service member must obtain and complete the DD Form 149, Application for Correction of Military Record or Discharge Review Board (DRB).
• Complete all sections of the form: The Service member must fill out the form completely and accurately, including personal information, their reason for requesting the correction, and any supporting documentation.
• Include all relevant documentation: The Service member must include all relevant documentation to support their request, such as personnel records, certificates, evaluations, and court-martial records.
• Mail the form and documentation: The Service member must mail the completed form and all supporting documentation to the appropriate BCMR address for their branch of service. The addresses can be found on the DD Form 149 or on the website of the branch of service. For the Army and Air Force, the forms can be completed on the BCMR website and submitted electronically. For the Navy, there is an email address where the form and documentation can be submitted on the NBCMR website.
• Wait for a response: After the BCMR receives the request, they will review the request and any supporting documentation. The BCMR will consider the evidence and decide whether to grant or deny the request. The BCMR’s decision will be sent to the service member in writing.

It’s worth noting that the BCMR process can take several months or more due to the volume of requests they receive. Therefore, it is recommended that service members submit their request as soon as possible and be patient throughout the process.

Is There a Time Limit to File an Application to the Service Component BCMR?

Yes, there is a time limit for filing an application to correct military records with the Board of Corrections for Military Records (BCMR). Service members must file their application within three years after the discovery of the alleged error or injustice. However, the BCMR may waive this time limit if the service member can show that it was impossible or unreasonable to file the application within the three-year period. The BCMR may also waive the time limit if the correction of the record for “good cause” if it is necessary to correct an error that adversely affects the service member’s:

• Entitlement to Veterans’ benefits,
• Correction of military records containing a substantive error or an injustice or to complete the relevant record.
• Entitlement to political asylum or restriction of removal (as noted under 8 CFR 1208.16)
• Ability to credit for retired pay (Title 10, U.S.C., Chapter 1223, Sect 1552).
• Entitlement to some other type of relief, such as a change in discharge characterization.

It is important to note that the BCMR is not authorized to consider cases in which there has already been a final decision by a court-martial or other judicial body. The BCMR is an administrative remedy to correct errors or injustices that have occurred within the military record-keeping system, and it is only one avenue of appeal available to service members.  Time is of the essence in filing an application to correct your military records with a service component BCMR.  Contact a military lawyer at the Law Office of Will M. Helixon to assist you with this process well before your three-year statute of limitations expires.

What are the Benefits of an Accurate Service Record?

Having an accurate service record or Officer Military Personnel File (OMPF) can provide military personnel with numerous benefits, including:

• Benefits entitlement: An accurate service record can ensure that the service member receives the benefits and entitlements they are entitled to based on their service, such as VA education benefits and disability compensation.
• Promotion opportunities: An accurate record of service, including awards, decorations, and performance, can improve a service member’s chances of promotion and career advancement.
• Security clearances: An accurate service record is required for service members who seek or retain a security clearance required for their job.
• Retirement: An accurate service record is necessary to determine eligibility for and the amount of retirement benefits a service member is entitled to.
• Legal defense: An accurate service record can support a service member’s defense in the event of disciplinary or legal action.
• Verification of service: An accurate service record is necessary to verify a service member’s military service for employment, retirement, and other purposes.

If a service record contains errors or injustices, the service member may face difficulties receiving the benefits and entitlements they earned through their service. Therefore, it is important for service members to review their records regularly and take steps to correct any inaccuracies.  If you need assistance, contact a military lawyer at the Law Office of Will M. Helixon for immediate assistance.

How Long Does it Take to have a Service Member’s BCMR Application Reviewed?

The time it takes for a service member’s application to the Board for Correction of Military Records (BCMR) to be reviewed can vary depending on several factors. These factors include the complexity of the case, the volume of requests the BCMR is processing at the time, and the completeness of the application. The BCMR’s website states that the processing time varies and can take up to 18 months. However, it is not uncommon for the process to take much longer, sometimes up to several years. Generally, the BCMR processes cases in the order of receipt, and the age and priority of the case. To expedite the BCMR review process, service members should ensure that their applications are complete, accurate, and include all required documentation, including any legal or other supporting documentation. Additionally, applicants can check on the status of their application by calling or emailing the BCMR contact person in their branch of service or by submitting a request for a status update in writing. Regardless of how long the BCMR process takes, service members should remain patient and continue to follow up on their applications to ensure they receive a final decision.

Can a Service Member Appeal the Decision of the Service Component BCMR?

Yes, a service member can appeal the decision of the BCMR (Board for Correction of Military Records) if they are not satisfied with the decision. The appeal process may vary depending on the branch of service, but generally, it involves submitting a formal appeal to the Board for Correction of Military Records within a certain time frame, along with any additional evidence that supports their case. Additionally, the service member can hire legal counsel to assist them with their appeal. It’s important to consult with a trusted legal expert or military representative for more specific and up-to-date details on how to appropriately file an appeal.  The military lawyers at the Law Office of Will M. Helixon are available to discuss the matter of appealing a decision of the Board of Correction of Military Records with any service member at their convenience.

Can a Service Member File a Lawsuit to Correct Their Military Record?

Yes, in certain circumstances, a service member may file a lawsuit in federal court to correct their military records. However, doing so is generally viewed as a last resort, as administrative channels (such as the Board for Correction of Military Records) are typically the preferred method for seeking a correction to one’s military record. To file a lawsuit in federal court, the service member would need to have exhausted all administrative remedies, meaning they have already gone through the review process with the appropriate military department and the Board for Correction of Military Records. The lawsuit would then typically be filed under the Administrative Procedure Act (APA), which allows individuals to sue government agencies for failing to take certain actions. It’s important to note that filing a lawsuit may be time-consuming and expensive, and the outcome is not guaranteed. As such, it’s recommended that service members seek legal counsel before pursuing this option.  When determining whether it is advisable to file a lawsuit to correct your military record, it is important to discuss the issue with a military lawyer at the Law Office of Will M. Helixon before proceeding.

More about the Law Office of Will M. Helixon

Will M. Helixon established the Law Office of Will M. Helixon in February of 2016.  Originally headquartered in Kansas City, Missouri, the firm’s original mission was to defend members of the military in courts-martial, adverse administrative proceedings and other criminal proceedings. Today, the firm has worked as military lawyers in multiple complex and high-profile military cases.  The firm now handles most military matters, including medical issues involving the MEB/PEB process, adverse administrative matters, military justice matters, and legal assistance matters, including the correction of military records.  No longer in Kansas City, the firm now has a European office physically located in Vilseck, Germany.  Call us today to assist with your legal issue in Germany or the United States.  All military lawyers at the Law Office of Will M. Helixon maintain licenses to practice before all military trial courts.