540-270-3041 cmr@correctmilitaryrecords.com Correct Military Records and Back Pay
Correct military records
If you are looking to correct your military records and or assert a pay claim, then you are on the right page. Congress passed 10 U.S.C. § 1552 and this law allows each Secretary to correct your military records in the interest of justice or because they are erroneous.
10 U.S.C. § 1552 Correction of military records: claims incident thereto
(a)(1) The Secretary of a military department may correct any military record of the Secretary's department when the Secretary considers it necessary to correct an error or remove an injustice. Except as provided in paragraph (2), such corrections shall be made by the Secretary acting through boards of civilians of the executive part of that military department. The Secretary of Homeland Security may in the same manner correct any military record of the Coast Guard.
(2) The Secretary concerned is not required to act through a board in the case of the correction of a military record announcing a decision that a person is not eligible to enlist (or reenlist) or is not accepted for enlistment (or reenlistment) or announcing the promotion and appointment of an enlisted member to an initial or higher grade or the decision not to promote an enlisted member to a higher grade. Such a correction may be made only if the correction is favorable to the person concerned.
Generally, you can correct the following records
Change Your Characterization of Service
Remove Derogatory or Adverse Information from Your Permanent Records, for example reprimand, report of misconduct, Article 15, any other records
Correct Your Evaluations
Contest Your Discharge and Assert Pay Claim
Change your Re-Entry code
Change Your Narrative Reason for Separation
Change Your Retirement Rank
Correct Your Awards and Decorations
Correct Financial Liability of Property Loss (FLIPL)
Correct Your Defense Finance and Accounting Service (DFAS) Debt
Change Military Academy and ROTC tuition reimbursement
Request a Special Selection Board
Correct Records due to retaliation (Whistleblower's Claim)
Correct your Servicemember Group Life Insurance (SGLI) Records
Correct your Post 9/11 G.I. Records
Other Records
Military Pay Claims
In addition to correcting your records, you may also request to receive back pay and allowances, compensation, or other benefits
10 U.S.C § 1552(c)(1) states:
(c)(1) The Secretary concerned may pay, from applicable current appropriations, a claim for the loss of pay, allowances, compensation, emoluments, or other pecuniary benefits, or for the repayment of a fine or forfeiture, if, as a result of correcting a record under this section, the amount is found to be due the claimant on account of his or another's service in the Army, Navy, Air Force, Marine Corps, or Coast Guard, as the case may be, or on account of his or another's service as a civilian employee.
Whistleblower Complaints
Congress also passed 10 U.S.C. § 1034. This law is designed to protect Service members from retaliation.
10 U.S.C § 1034 Protected communications; prohibition of retaliatory personnel actions, states, in part,:
(b) Prohibition of Retaliatory Personnel Actions.-(1) No person may take (or threaten to take) an unfavorable personnel action, or withhold (or threaten to withhold) a favorable personnel action, as a reprisal against a member of the armed forces for making or preparing or being perceived as making or preparing-
(A) a communication to a Member of Congress or an Inspector General that (under subsection (a)) may not be restricted;
(B) a communication that is described in subsection (c)(2) and that is made (or prepared to be made) to-
(i) a Member of Congress;
(ii) an Inspector General (as defined in subsection (j)) or any other Inspector General appointed under the Inspector General Act of 1978;
(iii) a member of a Department of Defense audit, inspection, investigation, or law enforcement organization;
(iv) any person or organization in the chain of command;
(v) a court-martial proceeding; or
(vi) any other person or organization designated pursuant to regulations or other established administrative procedures for such communications; or
(g) Correction of Records When Prohibited Action Taken.-(1) A board for the correction of military records acting under section 1552 of this title, in resolving an application for the correction of records made by a member or former member of the armed forces who has alleged a personnel action prohibited by subsection (b), on the request of the member or former member or otherwise, may review the matter.
(2) In resolving an application described in paragraph (1) for which there is a report of the Inspector General under subsection (e)(1), a correction board-
(A) shall review the report of the Inspector General;
(B) may request the Inspector General to gather further evidence;
(C) may receive oral argument, examine and cross-examine witnesses, and take depositions; and
(D) shall consider a request by a member or former member in determining whether to hold an evidentiary hearing.
Statute of Limitations: Do not miss your statue of limitations
Generally, discharge upgrade petitions should be submitted within 15 years of discharge. Corrections of military records should be submitted within 3 years. If you are not sure when your statute of limitations start then consult with an experienced military law attorney.
DISCLAIMER
CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE; CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER
REPRESENTATIVE CASES
Representative Case
Service member was discharged with a general discharge for drug use (Schedule II). Action: Reviewed all the evidence, developed additional evidence, obtained an expert report, and attended a personal appearance hearing at the Discharge Review Board where the Service member explained the context of the incident. Result: The Discharge Review Board upgraded his characterization of service to honorable.
Representative Case
Service member was separated with a 'fraudulent enlistment' as a narrative reason for separation. Action: Developed evidence in rebuttal to show that there was no fraudulent enlistment and filed a petition to change the narrative reason for separation. Result: The Board agreed and the 'fraudulent enlistment' was changed to other.
Representative Case
Following his Court-Martial, Service member was administratively separated even though he should have been retired. Action: Initiated litigation at the U.S. Court of Federal Claims that was subsequently remanded to the Board for Correction of Military Records. Filed a comprehensive and well documented petition at the Board for Correction of Military Records. Result: The Board agreed that the Service member should have been retired. Service member received retirement and back pay.
Representative Case
Service member separated for drug use from the military. Service member already filed his petition and was scheduled to attended a personal appearance hearing. Action: Assisted the Service member in preparation for the personal appearance and made additional submissions. Result: The Board considered additional testimony and decided to upgrade the Service member's general discharge to honorable.
Representative Case
Service member received a 6105 counseling containing derogatory and prejudicial information. Action: Developed evidence in rebuttal and conducted legal research. Result: The correction board agreed and it directed that the 6105 be removed within 60 days.
Representative Case
Service member was separated and improperly denied a special selection board. Service member petitioned the correction board to correct his records several times but each time the board denied relief. Action: Conducted comprehensive legal research and submitted legal briefs and responses to advisory opinions arguing that the correction board abused its discretion. Result: The Board denied relief again but upon further review the Assistant Secretary decided to grant partial relief.