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OVERVIEW
The Office of Legal Policy is a matrixed office with both policy and legal advisory responsibilities. For policy
matters, the office reports to the Office of Under Secretary of Defense, Personnel and Readiness, Office of the
Executive Director. For legal issues, the office reports to the Department of Defense's Deputy General Counsel for
Personnel and Health Policy.
Under Correction of Military/Naval Records:
The Department of Defense encourages all Veterans who believe they have suffered an error
or
injustice to request relief from their Military Department's Board for Correction of Military
/Naval Records (BCM/NR) or Discharge Review Board (DRB).
In the past several years, the Department issued supplemental guidance for the correction
of
military records that may involve post-traumatic stress disorder (PTSD), traumatic brain injury
(TBI), sexual assault, sexual harassment, intimate partner violence, and spousal abuse
that enhances the ability to correct past errors or injustices.
To request an upgrade to your discharge or correction of your military/naval record:
Veterans who believe they have suffered an error or injustice warranting a correction to their
service record or who believe their discharge was unjust, erroneous, or warrants an upgrade,
are encouraged to apply to the review boards.
For discharge upgrades, if the discharge was less than 15 years ago, the Veteran should
complete
the DD Form 293 (https://www.esd.whs.mil/Portals/54/Documents/DD/forms/dd/dd0293.pdf)
and send it to their Military Department DRB (the address is on the form).
For discharges over 15 years ago or in cases already considered for upgrade and denied by
the
Military Department DRB, the veteran should complete the DD Form 149
(https://www.esd.whs.mil/Portals/54/Documents/DD/forms/dd/dd0149.pdf) and send it to their
Military Department's BCM/NR (the address is on the form). For other corrections of records, veterans should
complete
the DD Form 149 and submit their request to their
Military Department's BCM/NR (the address is on the form).
If a veteran is unsure of how or where to apply for a discharge upgrade or correction,
the
Department of Veterans Affairs, in partnership with the Department of Defense, provides
resources veterans can use to help with applications as well as provide personalized
instructions in response to a few simple questions on a publicly available website.
(https://www.va.gov/resources/request-a-discharge-upgrade-or-correction/)
If you require additional assistance and qualify as a veteran, there are several
veterans' service organizations and
military service organizations that provide free representation in Military Service review board cases, such as the
American Legion, Disabled American Veterans, the Order of Purple Heart, or your local county Veteran Service Officer
(https://www.va.gov/vso/VSO-Directory.pdf).
These non-Federal advocacy groups require advanced notice to prepare for
your hearings so you should contact them as early in the process as possible to make arrangements.
Key information to include in requests:
There are three keys to successful applications for upgrade of discharge service characterization or correction of
records. First, it is very important to explain why your discharge or other record was unjust or erroneous. For
example,
how it is connected to or resulted from, unjust policies, a physical or mental health condition related to military
service, or some other explainable or justifiable circumstance. Second, it is important to provide support, where
applicable, for key facts. If you have a relevant medical diagnosis, for example, it would be very helpful to
include
medical records that reflect that diagnosis. Third, it is helpful, but not always required, to submit copies of your
applicable service records. The more information you provide, the better the Boards can understand the circumstances
of
your discharge.
BCM/NRs are also authorized to grant relief on the basis of clemency. Veterans who
believe
their post-service conduct and contributions to society support an upgrade or correction should
describe their post-service activity and provide any appropriate letters or other documentation of
support.
Personnel records for veterans who served after 1997 should be accessible online and are
usually
retrievable within hours of a request through the Defense Personnel Records Information
Retrieval System (DPRIS). To obtain one's personnel records from DPRIS, go to
https://www.dpris.dod.mil/ then select “Individual Veteran
Access” on the left side of the
website and follow the instructions. Veterans will need to register for access and verify their
current mailing address before requesting records. Those who served prior to 1997 or for whom
electronic records are not available from DPRIS, can request their records from the National
Personnel Records Center using the eVetRecs website at:
http://www.archives.gov/veterans/military-service-records/.
For other information or assistance:
Air Force BCMR:
Website: http://www.afpc.af.mil/board-for-correction-of-military-records
Portal: https://Afrba-portal.cce.af.mil
E-mail: [email protected]
Air Force DRB:
Website: http://www.afpc.af.mil/board-for-correction-of-military-records
Portal: https://Afrba-portal.cce.af.mil
E-mail: [email protected]
Army BCMR:
Website: http://arba.army.pentagon.mil/
E-mail: [email protected]
Army DRB:
Website: http://arba.army.pentagon.mil
E-mail: [email protected]
Navy BCNR:
Website: https://www.secnav.navy.mil/mra/bcnr
E-mail: [email protected]
Navy DRB:
Website: http://www.secnav.navy.mil/mra/CORB/Pages/NDRB/default.aspx
E-mail: [email protected]
Coast Guard BCMR:
Website: https://www.uscg.mil/resources/legal/bcmr/
E-mail: [email protected]
Coast Guard DRB:
Website: https://www.uscg.mil/Resources/legal/DRB/
E-mail: [email protected]
Under Military Whistleblower Reversal Claims:
The Military Whistleblower Protection Act (10 U.S.C. § 1034) prohibits retaliation against a member of the Armed Forces
who makes, or is perceived as making, a protected disclosure within the scope of the law to an authorized government
recipient. It also prohibits restricting a Service member from lawfully communicating with an Inspector General or a
Member of Congress.
More information on what constitutes a whistleblower reprisal complaint and how to file an initial whistleblower
reprisal claim can be found at the Department of Defense's Office of Inspector General: Department of Defense Office of
Inspector General > Components > Administrative Investigations > Whistleblower Reprisal Investigations > Whisteblower
Reprisal (dodig.mil);
A Service member whose claim is found not to be substantiated by the Inspector General may file an appeal with the
relevant Board for Correction of Military Records or Board for Correction of Naval Records (BCM/NR) to challenge an
unfavorable outcome.
More information on the BCM/NR process can be found at:
Air Force BCMR:
Website: http://www.afpc.af.mil/board-for-correction-of-military-records
Portal: https://Afrba-portal.cce.af.mil
E-mail: [email protected]
Army BCMR:
Website: http://arba.army.pentagon.mil/
E-mail: [email protected]
Navy BCNR:
Website: https://www.secnav.navy.mil/mra/bcnr
E-mail: [email protected]
Coast Guard BCMR:
Website: https://www.uscg.mil/resources/legal/bcmr/ E-mail: [email protected]
Coast Guard DRB:
Website: https://www.uscg.mil/Resources/legal/DRB/ E-mail: [email protected]
If the relevant BCM/NR declines to provide relief on the basis of the Service member's whistleblower reprisal complaint,
a final administrative appeal may be made to the Under Secretary of Defense for Personnel and Readiness who acts on
behalf of the Secretary of Defense.
The Office of Legal Policy accepts and reviews these appeals on behalf of the Under Secretary of Defense for Personnel
and Readiness.
No particular form is required but the applicant's request for relief should be sent to:
Office of the Under Secretary of Defense for Personnel and Readiness
ATTENTION TO OFFICE OF LEGAL POLICY
4000 Defense Pentagon
Washington, DC 20301-4000
The request should include as much documentation as possible, including any documents submitted to the IG and/or the
relevant BCM/NR.