Discharge Review Boards (DRB) and Boards for Correction of Military Records (BCMR)
At JAG Defense, our attorneys have extensive experience in assisting current and former military members correct their military records. If you are considering a petition to the DRB or BCMR, we encourage you to contact JAG Defense for a free consultation about your case and how we can help.
What is the Difference Between the DRB and the BCMR?
The DRB is limited to looking solely at final separations from the military services, irrespective of the manner evidenced or brought about, except a discharge awarded by a General Court-Martial (GCM), or a discharge executed more than 15 years before the date of the review application. This is a hard and fast 15 year time limit for DRB petitions. BCMRs, on the other hand, have the authority to review almost any record that a service member may wish to have corrected, when the petition is filed within 3 years of the date of the wrong alleged. Unlike the hard and fast 15 year time limit for DRBs, however, the 3 year time limit for BCMR petitions may be extended for “good cause shown.” The problem with filing a BCMR petition more than 3 years after the date of the wrong alleged, however, is that it is a discretionary call by the BCMR whether good cause has been shown for the delay.
What are the Limitations on the Authority of DRB?
A DRB has no authority to revoke a discharge; nor to reinstate any person in the military service subsequent to discharge; nor to recall any person to active duty; nor to waive prior disqualifying discharges to permit enlistment; nor to cancel enlistment contracts; nor to change the reason for discharge from or to physical disability; nor to determine eligibility for veterans’ benefits.
How Does a DRB Consider Previous Service "Findings" Involving Misconduct?
In the absence of manifest error or unusual circumstances clearly justifying a different conclusion, the DRB will generally accept as established facts findings of a General or Special Court-Martial (GCM/SPCM), a court of inquiry or board of investigation, or where the member plead guilty to the specification.
What are the Bases Upon Which a DRB May Change a Discharge?
To warrant a change, correction, or modification the member must demonstrate that there was an impropriety or inequity involving the discharge processing. To permit relief any error or injustice must have taken place during the period of service itself and an applicant’s good conduct after discharge is insufficient, on its own, to warrant a change.
What Types of Cases May Be Considered by a BCMR?
Unlike the limitations on a DRB, the BCMRs may consider discharges awarded by a GCM, as well as those involving physical disability evaluation petitions, removal of derogatory material from an official record, review of nonjudicial punishment (NJP); the restoration of rank, grade or rating; and, characterizations of service; among other things. Before going to a BCMR the member must have first exhausted all other effective administrative remedies.
What Appeal Is There if a DRB/BCMR Denies a Petition for Relief?
If a DRB denies relief, the member will, in almost all cases, have the opportunity for a personal appearance before the DRB. BCMRs, however, almost never grant a personal appearance request. If the BCMR denies the petition for relief, it will only reconsider the case upon the presentation of material, relevant evidence, not reasonably available at the time of the initial denial. This is a very difficult threshold to overcome as it effectively requires the discovery of new evidence, not just the presentation of additional evidence that was available, but not presented the first time.
What Can JAG Defense Do For Me?
The lawyers at JAG Defense can help you determine whether you have a reasonable case to present to either a DRB or a BCMR and assist you through the entire process to include, where provided, representation at your personal appearance.
