Military service records are supposed to be accurate, complete, and fair. In practice, mistakes happen: missing awards, wrong dates, adverse paperwork filed without proper process, separation codes that don’t match the facts, or narrative reasons that misstate what occurred. Left uncorrected, these errors can cost veterans benefits, civilian job opportunities, professional licenses, security clearances, reenlistment eligibility, and even retirement credit.
If you have questions about fixing your record, the military attorneys at The Griffin Law Firm can help you evaluate your options and build a winning case.
What “Record Correction” Means
“Record correction” is the formal process the government uses to fix a service member’s official personnel record. Depending on the issue, that can include:
Correcting biographical data (name, rank, dates of service, MOS/ratings).
Adding or removing awards, qualifications, and fitness reports/OERs/FITREPs.
Removing unjust adverse paperwork (e.g., Page 7s, counseling entries, GOMORs, NJP-related documents) or inaccurate medical entries.
Changing separation data (characterization, narrative reason, SPD/JK codes, RE codes).
Adjusting pay, promotion, retirement points/credit, or back pay when a correction changes entitlement.
Corrections can be made by a service component administratively, but most significant fixes are adjudicated by the Boards for Correction of Military/Naval Records (BCMR/BCNR) under 10 U.S.C. § 1552 (and for the Coast Guard, 14 U.S.C. § 2507) or by a Discharge Review Board (DRB) under 10 U.S.C. § 1553.
Why Correction Is So Important
Getting the record right is often the lynchpin for:
VA benefits and state veterans’ benefits.
Education and licenses that ask for a DD-214 and service history.
Security clearances and federal employment (OPM/eQIP evaluations weigh official records).
Reenlistment and commissioning (RE codes and narrative reasons matter).
Retirement and pay (creditable service, constructive service, promotion sequence numbers).
When a service department corrects a record, VA adjudicators treat those official service findings as binding for establishing service facts, and they must consider the corrected record in deciding claims. Put differently: fix the record, and downstream benefits decisions must change accordingly.
The Law and Standards—In Plain English
BCMR/BCNR authority (10 U.S.C. § 1552): Boards “correct any military record… when necessary to correct an error or remove an injustice.” There’s a 3-year filing rule from the date of discovery, but boards routinely waive it “in the interest of justice,” especially where the merits are strong or equity favors review.
DRB authority (10 U.S.C. § 1553): Reviews discharge characterization and narrative reason (not court-martial sentences) within 15 years of separation. If the 15-year window has passed—or you need broader relief (e.g., FITREPs, RE code, awards)—you file at the BCMR.
DoD guidance (“liberal consideration”): For cases involving PTSD, TBI, military sexual trauma (MST), intimate partner violence, or other behavioral health conditions, DoD memoranda (e.g., Hagel, Carson, Kurta, Wilkie) direct boards to apply liberal consideration and give special weight to credible medical evidence.
Burden and evidentiary standard: While phrasing varies by service, boards generally grant relief when the preponderance of the evidence shows probable material error or injustice. Strong, contemporaneous documents (medical, command, performance) and expert opinions help tip the balance.
Process and due process: The board gathers the record, obtains an advisory opinion (AO), and gives the applicant an opportunity to rebut (commonly 30 days). Hearings are discretionary but can be requested; many cases are decided on the written record.
Judicial Review and What Happens If the Board Gets It Wrong
BCMR and DRB decisions are reviewable in federal court under the Administrative Procedure Act (APA). Courts will set aside decisions that are arbitrary, capricious, contrary to law, or unsupported by substantial evidence, and they require reasoned decision-making that addresses the applicant’s non-frivolous arguments.
Key cases include Kreis v. Secretary of the Air Force (APA review of corrections decisions), Haselwander v. McHugh (boards must grapple with material evidence and explain their reasoning), Frizelle v. Slater (agency must respond to non-frivolous contentions), Dickson v. Secretary of Defense (equity and clemency principles), and Dilley v. Alexander (agencies must follow their own rules).
Remedies: Courts typically remand to the board with instructions to reconsider under the correct legal standard; where a correction affects pay or retirement, claims often proceed in the U.S. Court of Federal Claims under the Tucker Act.
Bottom line: if a board ignores controlling guidance, misstates the record, or fails to explain why it rejected your evidence, you may have a strong APA case.
Privacy Act, FOIA, and Access to Your File
FOIA secures access to records.
The Privacy Act allows you to seek amendment of inaccurate records, but it does not typically change evaluative judgments (e.g., performance narratives). For most substantive disputes, BCMR/DRB is the correct vehicle.
Practically, you’ll submit records you already have or use FOIA/Privacy Act to collect your files, then litigate the merits at the board.
Timelines, Exhaustion, and Strategy
DRB within 15 years for discharge upgrades and narrative reason changes; otherwise BCMR.
BCMR 3-year rule is waivable; file as soon as you can build a coherent record.
Exhaustion: If you’re within 15 years and your goal is strictly discharge relief, many applicants go to the DRB first; broader relief proceeds straight to the BCMR.
Evidence wins cases: medical nexus opinions, contemporaneous emails, witness statements, unit records, command investigations, and objective performance data are often decisive—especially under the “liberal consideration” framework for behavioral health.
What Relief Can Look Like
Depending on the facts, relief can include:
Upgrading characterization (OTH → General → Honorable).
Changing narrative reason for separation / SPD code / RE code.
Removing adverse matter (e.g., GOMOR, NJP entries, adverse FITREP/OER bullets) or replacing with corrected versions.
Award/decoration corrections and entries of missing qualifications.
Constructive service credit, promotions, and back pay when supported by the record and law.
How The Griffin Law Firm Can Help
We are a veteran-owned military law practice. We handle BCMR/BCNR, DRB, and PRRB matters nationwide and abroad. Our approach:
Case triage & theory: We identify the most legally supportable path (DRB vs. BCMR), map the controlling authorities, and define what is required to win.
Evidence plan: We obtain your records (whether in your possession or via FOIA), target gaps, and develop the expert and lay evidence needed to carry the preponderance.
Board practice: We draft a comprehensive petition that addresses every viable argument, anticipates the advisory opinion, and preserves issues for judicial review.
Appeals: If the board misapplies the law or ignores key evidence, we advise on APA litigation and pay/retirement remedies where appropriate.
Free consultation: (888) 707-4282 • griffinlawdefense.com