Correcting Military Records (BCMR/BCNR)
We Specialize in Correcting Military Records Diligently, Efficiently, and, Most Importantly, Correctly
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What We Do
Research and Evidence Gathering & Preparation: Understanding the issues in your case is vital to knowing what evidence to seek. Because every case is unique, Joel Pettit Law first works to research all the issues our clients present, create a strategic legal plan, then begin gathering the evidence we need to support your claims. We also recognize, however, that obtaining evidence is meaningless unless it is then prepared and presented so that the decision makers in your case can understand its relevance and application. From video and audio recordings to paper and digital transcripts and everything between, Joel Pettit Law will gather and prepare the evidence needed to forcefully present your claims.
Strategically Taking Military Departments to Task: Knowing the structure of the BCMR and BCNR means realizing that the adjudicators in each case cannot be experts on every topic; this is especially true in cases of physical disabilities. Moreover, understanding that objective medical evidence is the platinum standard, Joel Pettit Law ensures an Independent Medical Review (IMR) and accompanying medical opinion is requested in each case. Laying a foundation of objective medical evidence, then layering relevant, insightful, case-specific evidence, creates a fuller picture on which adjudicators can confidently rely. We want military departments to want to do the right thing for our clients because we make it easy for them to do so.
Petition Drafting and Submission: Joel Pettit Law approaches submitting the DD-149 as more than merely following the directions on a government form. We use the DD-149 as the vehicle by which we craft your arguments and link the most impactful evidence to each point made in with those arguments. Our goal is to show that not only that your case has merit and deserves consideration, but also that the evidence is so overwhelming that a decision in your favor is patently obvious.
Correcting Military Records Overview
About
For many Service members, the BCMR/BCNR feels like another obstacle in a parade of horribles that started with the Physical Evaluation Board (PEB) process. We understand that every step, no matter how slight, pushes the level of mental and emotional exhaustion with which many of our clients already struggle.
Hiring Joel Pettit Law means shifting that burden to experienced representatives who willingly step into the breach. Our job is to fight, argue, debate, present, draft, and submit everything we can to win your case.
Title 10, section 1552 of the U.S. Code explains that the Secretary of a military department, acting through a BCMR, has authority to change any military record, when necessary, to correct an error or remove an injustice. This three-member panel is the highest level of administrative review. Therefore, it is essential that you exhaust all administrative avenues before applying to the BCMR; otherwise, your case may be denied on that basis. At the very least, Service members who are dissatisfied with the results of their Informal Physical Evaluation Board (IPEB) must first seek redress at the Formal Physical Evaluation Board (FPEB) or, if appropriate, by filing a VA Ratings Reconsideration (VARR) Appeal.
BCMR bases its decision on the written evidence contained in the casefile: military records, advisory opinions, statements, arguments, and other documents that the Service member or their representative provides. Although formal rules of evidence do not apply, the BCMR does observe reasonable bounds of competency, relevancy, and materiality. Although Service members may request hearings, these requests are rarely granted.
The casefile may be supplemented with Advisory Opinions (AO) the BCMR obtains from relevant officials or experts. If an AO is sought, Service members have the right to not only review and comment on the report but may also be asked to furnish additional information. The importance of supplying any additional information requested cannot be stressed enough.
It is vital to note the burden of showing an error in your record or an injustice that has occurred is placed on the Service member. Further, Service members must file an application within three years after the error or injustice was discovered. Applications may be filed after the three-year window has closed, but only if it is in the interest of justice. Remember, applying to the BCMR does not stop other administrative or judicial processes.
If you’re thinking of correcting your military record, contact us to discuss your case. JPLwill do what it takes to ensure your records accrurately reflects all the good you’ve accomplished during your military career.