At Capovilla & Williams, we firmly believe that every man and woman who has served our nation in the Armed Forces deserves an accurate and complete military record. From a practical and financial standpoint, a correct record—such as an accurate discharge status—can have a significant impact on Veterans benefits eligibility. But for our team, the issue runs much deeper.
Our country has an ethical obligation to preserve the integrity of service records for those who have sacrificed to defend it. Protecting that accuracy is both a matter of justice and honor.
That’s why we consider it a privilege to represent clients before the Board for Correction of Military Records (BCMR) for the Army, Navy, Air Force, and Marine Corps. Below is general information about the BCMR process, including its purpose, requirements, challenges, and outcomes.
What is the Board for Correction of Military Records (BCMR)?
The BCMR is a division within each branch of the military that reviews applications to correct errors, omissions, or injustices in a service member’s official military record.
Who is the BCMR available to?
The BCMR is available to current and former service members. In some cases, legal representatives, next of kin, spouses, or ex-spouses may also apply, depending on the circumstances.
What specific actions can a BCMR take?
The BCMR has broad authority to modify or amend military records. Common actions include pay and benefits adjustments, performance evaluations, removal of reprimands, and discharge upgrades.
How does a Veteran request to have their records corrected, updated, or changed?
A Veteran can apply for a records correction by completing DD Form 149 and submitting it—along with supporting documentation—through their branch’s online portal or by mail.
What are the most common reasons for requesting a correction?
One of the most common reasons is to upgrade a discharge status, as this often directly impacts eligibility for Veterans benefits. Other frequent requests involve corrections to rank, pay, combat action status, or service duration, as well as the removal of inaccurate or unjust information.
How long does it take to have military records corrected by a BCMR?
Processing times vary but generally range from 6 to 18 months. The timeline depends on factors such as case complexity, agency backlog, and the completeness and clarity of the application.
Why hire an attorney for a military records correction case?
The BCMR process is highly technical and procedural, and unfamiliar to most service members. An experienced military attorney can significantly improve the chances of success by gathering and organizing critical evidence, drafting persuasive legal arguments, ensuring compliance with applicable laws, and communicating directly with BCMR staff to make sure the case receives appropriate attention.
At Capovilla & Williams, our attorneys handle BCMR cases routinely and bring decades of combined military and legal experience to every matter.
Who are the best Board for Correction of Military Records lawyers?
While ethical rules prevent lawyers from claiming to be “the best,” the most effective BCMR attorneys typically have extensive experience with military justice, a strong understanding of the BCMR process, and a proven record of successful outcomes. Many are also Veterans themselves, which provides invaluable perspective and credibility when representing clients.
Are there timelines or deadlines for filing a BCMR?
In most cases, a BCMR application must be filed within three years of discovering the error or injustice. However, exceptions may apply—especially when a delay is deemed to be in the “interest of justice.” It’s always wise to consult with an experienced BCMR attorney before assuming your deadline has passed.
What laws govern the BCMR process?
The primary statute governing military records corrections is 10 U.S. Code §1552. Other relevant authorities include the Freedom of Information Act (FOIA), Privacy Act, 32 CFR §581.3, the Hagel, Kurta, and Carson Memoranda, and the National Defense Authorization Act (NDAA).
At Capovilla & Williams, we view BCMR representation as a matter of principle and respect for those who have worn the uniform. If you believe your military record contains an error or injustice, we welcome the opportunity to discuss how we can help correct it and protect the integrity of your service.
