Essential Tips for Correcting Your Military Records
The hard truth is that sometimes, the military gets it wrong. Whether due to an oversight, an injustice, or some other type of mistake, if you are seeking to right a past wrong on your military records keep the following tips in mind:
- The process is not just for veterans! Current military members can apply for records corrections and other relief.
- Just filing the basic paperwork is often insufficient. Depending on the nature of your request, you will likely also have to write a legal justification explaining to the Board why your request should be granted.
- You normally only get one shot at applying – you need to get it right the first time and we can help. Contact us today – we are standing by to fight for you!
Consequences of Uncorrected Military Records
Living with an inaccurate military record is a silent burden that carries heavy collateral consequences. Our Military Records correction services aim to prevent or reverse the following:
- Loss of VA Benefits: A "General under Honorable Conditions" or "Other Than Honorable" discharge can disqualify you from the GI Bill and certain healthcare or home loan benefits.
- Employment Disqualification: Civilian employers often do not understand the nuance of military discharge codes. A "Misconduct" narrative on a DD-214 can result in an immediate rejection.
- Financial Loss: Errors in time-in-service, rank, or disability ratings can result in the loss of thousands of dollars in back pay and retirement pension.
- The Weight of Derogatory Information: An unjust GOMOR or a negative evaluation can permanently stall a career, leading to non-selection for promotion and mandatory separation.
- Legacy and Honor: For many veterans, the most significant consequence is the feeling that their record does not reflect the truth of their sacrifice.
The Correction Process: A Step-by-Step Global Defense
Whether you are a veteran in South Carolina or an active-duty officer stationed in Europe, the process of correcting a record is a rigorous administrative battle. The Hanzel Law Firm manages every phase:
- Comprehensive Record Audit: We obtain and review your entire OMPF, medical records, and any investigative files (CID, NCIS, OSI) to identify the specific error or injustice.
- Developing the Evidence Package: We don't just rely on your word. We gather sworn statements, medical nexus letters, and expert opinions to build a mountain of evidence that contradicts the official record.
- Drafting the Formal Petition (DD Form 149): This is the heart of the case. We draft a sophisticated legal brief that applies the law to your facts, addressing specific "liberal consideration" policies for mental health or equity-based claims.
- Navigating Advisory Opinions: Once submitted, the board often asks the relevant military branch for an "advisory opinion." We review these opinions and file a rebuttal to any inaccuracies or unfair conclusions the government presents.
- Final Board Decision: The board typically makes a decision based on the written record. If they deny the claim, we explore options for reconsideration or, in some cases, filing a lawsuit in the U.S. Court of Federal Claims.
Why Choose The Hanzel Law Firm for Your Military Record Corrections
When it comes to correcting military records, choosing a knowledgeable and experienced legal partner is crucial. At The Hanzel Law Firm, we specialize in helping military personnel navigate the complexities of record correction. Here's why our firm stands out:
- Legal Guidance: Our team possesses in-depth knowledge of military law and the specific processes involved in record correction, ensuring that your case is handled with precision.
- Tailored Strategies: We understand that each situation is unique. Our attorneys work closely with you to develop a customized approach that addresses your specific needs and goals.
- Proven Track Record: We have successfully assisted countless clients in correcting their military records. Our reputation for excellence and client satisfaction speaks volumes about our commitment to achieving positive results.
- Compassionate Support: Dealing with record discrepancies can be stressful. Our team provides compassionate guidance and support throughout the process, ensuring that you feel informed and empowered at every step.
- Follow-Up Assistance: We don’t just stop once your application is submitted. Our firm offers follow-up assistance, providing updates and further support until your case is resolved.
Contact us today or call (843) 202-4714 to schedule a consultation and take the first step toward correcting your military records!
Frequently Asked Questions
What Types of Military Records Can Be Corrected?
Depending on the circumstances, you may be able to seek correction of discharge information, performance evaluations, disciplinary records, promotion decisions, pay records, awards, medical information, and other military records. The appropriate board and available relief depend on the branch of service and the specific error or injustice involved.
Can an Article 15 or NJP Be Removed From My Military Record?
An Article 15 or Nonjudicial Punishment (NJP) may be subject to correction if you can demonstrate that the record contains a material error or injustice. The strength of the evidence and the circumstances surrounding the disciplinary action can play an important role in determining whether relief may be available.
Can I Correct a GOMOR or Other Negative Military Record?
A General Officer Memorandum of Reprimand (GOMOR) or other adverse document may potentially be corrected or removed under certain circumstances. The applicable process depends on where the document is maintained and whether the record is inaccurate, unjust, or otherwise warrants correction.
Can Military Records Correction Help With a Discharge Upgrade?
In some cases, correcting military records can involve seeking an upgrade to the characterization of a discharge. The board may consider the circumstances surrounding the discharge, service history, supporting evidence, and applicable policies when determining whether an upgrade is appropriate.
What Evidence Can Support a Military Records Correction Request?
Evidence may include military personnel records, medical records, performance evaluations, witness statements, service documents, investigative records, and other relevant documentation. Depending on the case, evidence addressing mental health conditions, traumatic experiences, or other circumstances may also be important.
Can I Correct My DD-214?
A DD-214 may be corrected when it contains inaccurate or incomplete information. Depending on the nature of the requested change, you may need to pursue correction through the appropriate military records authority and provide documentation supporting the requested correction.
Can Current Service Members Request Military Records Corrections?
Yes. Military records correction is not limited to veterans. Active-duty service members may also seek relief when an error or injustice in their records is affecting their military career, rank, assignments, evaluations, or other aspects of their service.
What Happens if My Military Records Correction Application Is Denied?
A denial does not necessarily mean that every potential avenue for relief has been exhausted. Depending on the circumstances, you may be able to request reconsideration or pursue other available administrative or judicial remedies. An attorney can review the decision and help determine what options may remain.
How Long Does a Military Records Correction Case Take?
The timeline varies significantly based on the type of correction requested, the military branch involved, the complexity of the evidence, and the board's workload. Cases requiring extensive records review or additional evidence may take longer to resolve than more straightforward requests.
Why Should I Hire a Military Records Correction Attorney?
Military records correction proceedings can involve complicated regulations, deadlines, evidentiary requirements, and administrative procedures. An attorney can review your records, identify potential errors or injustices, develop supporting evidence, and prepare a persuasive application tailored to the relief you are seeking.