US Government Military Discharge Up Graded, And
Replacing Military Records !
The secretary of a military department,acting through a Board for Correction of Military Records, has authority to change any military record when necessary to correct an error or remove an injustice. A correction board may consider applications for correction of a military record, including a review of a discharge issued by court–martial.
The Veteran, survivor, or legal representative must file a request
for correction within three years of discovering an alleged error or injustice. The board may excuse failure to file within this time, however, if it finds it would be in the interest of justice. It is an applicant‘s responsibility to show why the filing of the application was delayed and why it would be in the interest of justice for the board to consider it despite the delay. .
To justify a correction, it is necessary to show to the satisfaction of the board that the alleged entry or omission in the records was in error or unjust. Applications should include all available evidence, such as signed statements of witnesses or a brief of arguments supporting the correction. Application is made with DD Form 149, available at VA offices, Veterans organizations or visit www.dtic.mil/whs/directives/infomgt/forms/formsprogram.htm. !
Review of Discharge from Military Service
Each of the military services maintains a discharge review board with authority to change, correct or modify discharges or dismissals not issued by a sentence of a general court-martial. The board has no authority to address medical discharges.
The Veteran or, if the Veteran is deceased or incompetent, the surviving spouse, next of kin or legal representative, may apply for a review of discharge by writing to the military department concerned, using DD Form 293 – “Application for the Review of Discharge from the Armed Forces of the United States.” This form may be obtained at a VA regional office, from Veterans organizations or online at:
www. dtic.mil/whs/directives/infomgUforms/formsprogram .htm.
However, if the discharge was more than 15 years ago, a Veteran must petition the appropriate Service’s Board for Correction of Military Records using DD Form 149 – “Application for Correction of Military Records Under the Provisions of Title 10, U.S. Code, Section 1552.” A discharge review is conducted by a review of an applicant’s record and, if requested, by a hearing before the board.
Discharges awarded as a result of a continuous period of unauthorized absence in excess of 180 days make persons ineligible for VA benefits regardless of action taken by discharge review boards, unless VA determines there were compelling circumstances for the absence. Boards for the Correction of Military Records also may consider such cases.
Veterans with disabilities incurred or aggravated during active duty may qualify for medical or related benefits regardless of separation
- and characterization of service. Veterans separated administratively under other than honorable conditions may request that their discharge be reviewed for possible re-characterization, provided they file their appeal within 15 years of the date of separation.
Questions regarding the review of a discharge should be addressed to the appropriate discharge review board at the address listed on DD Form 293.
Special Note: You might find it to be very helpful and/or beneficial If: You write a brief narrative about your side of the story, as to why you got the type of discharge.
If the military discharge depicts you at the time you were serving that you were, (examples) a mischievous, rebellious, out of control, disobedient, character, trouble maker, not performing your duties to your NCO’s and/or commanders orders, and or their expectations, regardless of what or why you got the type of discharge you got, it’s up to you to try to explain that you are not the same type of Character now !
(Example): Within your narrative, you might want to tell them how your life has changed, such as you are law abiding civic citizen, you have a wife, and/or children(s), your authority, moral and/or spiritual values has changed for the better, however if you can paint yourself as a new you, do you feel that this will give you a better chance on getting your discharge upgraded?
What you write, the more proof you present to what you have written, do you think it will better your chance ? After you have written your narrative, it might be to your benefit if: you are employed, have as many letters of testimonials about your good character: letter from a minister, parents, mother, father, sister(s), brother(s), any of your relatives, friends, neighbor(s), contact your US Congress Person, ask for their help !
Those are some examples ! Remember, it’s all up to you, on what you do to get your discharge, upgraded; you might have to get professional legal advice, or consider on getting an attorney who specialize in military discharge upgrade ! Good Luck ! Best Wishes ! Please tell other Vets’ about www.vetsguide.net