After three years of outstanding service, then going AWOL for more than a year, a soldier received an Other Than Honorable Discharge based upon a separation in lieu of court-martial. He proved to the Army Discharge Review Board (ADRB) that his AWOL was mitigated by a pre-existing medical condition and that he had more than five years of exemplary post-service conduct.  The ADRB changed his discharge to an Honorable Discharge and changed the reason for his discharge to "Secretarial Authority." ADRB Case No. AR20040000857.

The Marine Corps approved an Other Than Honorable Discharge for unsatisfactory participation in the Reserves.  After a hearing, the Naval Discharge Review Board (NDRB) refused to upgrade the discharge.  An appeal of the NDRB decision to the Board for Correction of Naval Records (BCNR) resulted in the removal of a nonjudicial punishment (NJP) and an upgrade of the discharge to General Under Honorable Conditions.  BCNR Case No. 9612-05. 

The Navy approved a General Discharge Under Honorable Conditions for misconduct. The petty officer provided new evidence to the Board for Correction of Naval Records (BCNR) which removed a NJP, changed the basis of his discharge, improved his reenlistment code, and upgraded his discharge to Honorable. BCNR Case No. 9225-03.

A former soldier applied for a disability claim with the Department of Veterans Affairs (VA). It was denied. After obtaining the assistance of counsel, and obtaining new evidence, the VA reconsidered its previous decision and gave the veteran 100% disability compensation.

An Air Force Reserve physician's request for a hardship discharge was denied. After seeking counsel, another request containing additional evidence proved the hardship and established that the first denial violated Air Force regulations. The Secretary of the Air Force approved the discharge. Secretary of the Air Force Action dated 26 Apr 2005.

A soldier was discharged with a General Discharge Under Honorable Conditions for unsatisfactory performance. He attempted on his own to obtain an Honorable discharge from the Army Discharge Review Board (ADRB) and the Army Board for Correction of Military Records, but was denied by both boards. After assistance from counsel, another application containing new and relevant evidence was sent to the ADRB, and that board upgraded the discharge to Honorable. ADRB Case No. AR20050003235.

A Navy Reserve commander received adverse fitness reports as a reprisal for reporting misconduct within his command. The BCNR removed the fitness reports and authorized a special selection board (SSB). The SSB selected the officer for promotion to captain. BCNR Case No. 8039-03.

An Air Force lieutenant colonel complained that two Officer Performance Reports (OPR) and a Promotion Recommendation Form (PRF) contained incomplete and inaccurate information. The Air Force Board for Correction of Military Records (AFBCMR) agreed and removed all three documents, substituting the incorrect forms with accurate forms. The AFBCMR also gave the officer a special selection board to colonel. AFBCMR Case No. BC-2005-02209.

A Marine Corps officer was relieved for cause and given an adverse fitness report for failing to make recruiting quotas. After the Performance Evaluation Review Board (PERB) was convinced that an injustice had occurred it removed the adverse fitness report from the officer's military record.  The BCNR gave him a second in-zone promotion opportunity where he was promoted to his next rank and his date of rank was subsequently backdated by the BCNR to the date he would have originally been promoted if he had been selected by the first promotion board.  PERB letter dated 7 Dec 2005.  BCNR Case Nos. 00389-06 and 02960-07. 

Three Air Force majors, an Army major, a Navy chaplain, and a Marine lieutenant colonel each complained that the equal employment opportunity (EEO) instructions given to their respective promotion boards were unconstitutional based upon improper racial and gender preferences. After seeking relief in a federal court or a correction board, each officer was subsequently given a special selection board (SSB) without the unlawful EEO language and each was promoted to the next higher rank.

The Marine Corps Performance Evaluation Review Board (PERB)and the BCNR concluded that an injustice occurred when a command used a Competency Review Board to force a Drill Instructor (DI) to accept NJP after he had demanded a court-martial. The boards corrected the DI's military record by removing the adverse fitness report, the NJP and a counseling entry, and by reinstating his military occupational specialty as a DI. These corrections also qualified the DI for a remedial promotion board where he was promoted and given back pay. BCNR Case No. 2452-05.

A Staff Sergeant in the Army National Guard retired after 35 years of combined active and reserve duty. The Guard refused to retire him as a Sergeant First Class despite his prior successful service in that grade. The Army Board for Correction of Military Records (ABCMR) agreed that this refusal was unlawful and ordered backpay in the higher grade from the date of his retirement. ABCMR Case No. AR20060000943.

A Navy recruit was discharged from recruit training with a discharge based upon a personality disorder diagnosis. After the BCNR was provided new evidence pertaining to this improper diagnosis, it changed the reason for discharge to best interests of the service. BCNR Case No. 2503-03.

After filing a complaint in federal district court, a Marine Corps officer's request for a special selection board was approved by the Secretary of the Navy based in part upon a promotion board member's personal bias against the officer. He was subsequently promoted to colonel. U.S. District Court for the District of Columbia Case No. 03-0070.

A Navy commander was relieved for cause. After obtaining and submitting evidence that this action violated Navy regulations, the BCNR removed the offending documents allowing the commander to competitively compete for promotion. BCNR Case No. 7804-02.

An Air Force captain received an Officer Performance Report (OPR) containing inaccurate information relating to a civilian conviction. He successfully petitioned the Air Force Board for Correction of Military Records (AFBCMR) to remove the information based upon a Privacy Act argument. The AFBCMR removed the inaccurate information from the OPR and he was promoted to major at the next promotion board. AFBCMR Case No. BC-2001-00121.

A Marine Corps Reserve captain was involuntarily discharged from active duty after receiving an unjust fitness report and twice failing selection to major. He was discharged from the reserves only months before qualifying for a reserve retirement. He failed several times to correct this injustice. After seeking new counsel and providing new evidence with a fresh approach, this fitness report and the failures of selection were removed and he was retired from the reserves. BCNR Case No. 5111-97.

An Air Force colonel's widow asked the AFBCMR to correct her husband's records to reflect that she was the proper Survivor Benefit Plan beneficiary instead of a former spouse. The AFBCMR refused to consider her request. She went to court and obtained an order requiring the board to hear her case and to pay for her attorney fees. U.S. District Court for the District of Columbia Case No. 03-2415.

A Navy officer already selected to lieutenant commander was detached for cause (DFC) as a ship's Engineering Officer. Based upon the DFC, the Secretary refused to promote and the officer was subsequently discharged for twice failing to be selected to O-4. The BCNR was convinced that the DFC was unjust, so it recommended and the Secretary ordered: (1) the removal of the DFC and the adverse fitness report resulting from the DFC; (2) the removal of all documents relating to his delay of promotion; (3) promotion to lieutenant commander with backpay; and (4) reinstatement to active duty from the date of his discharge with backpay. BCNR Case No. 9299-04.

The Army Board for Correction of Military Records (ABCMR) corrected a National Guard record to modify a reduction in rank to E-5 received at NJP. The ABCMR only approved reduction to E-6. The ABCMR also changed his medical discharge at 16 years and 8 months to a retirement based upon the Temporary Early Retirement Act. ABCMR Case No. AR20040002547.

A Marine master sergeant received an unfavorable fitness report claiming she was the victim of reprisal for reporting misconduct to higher authorities. After requesting a Department of Defense Inspector General (IG) investigation under the Military Whistleblower Act, the IG substantiated the reprisal and the fitness report was removed from her record by the Marine Corps. PERB letter dated 13 Jan 1997.

A Navy Reserve commander was selected for promotion to captain but was notified he would not be recommended because of a substantiated IG finding that he engaged in a reprisal against a subordinate. Significant new evidence was obtained and provided to the Secretary of the Navy proving that the underlying IG investigation was flawed and inadequate. He was subsequently promoted. Secretary of the Navy Action Memo dated 6 Oct 2004.

A soldier was discharged from the Army National Guard with a general discharge under honorable conditions for unsatisfactory participation. After receiving evidence about the circumstances of that discharge and how well he had performed for the past 15 years as a civilian, The Army Discharge Review Board (ADRB) upgraded his discharge to Honorable. ADRB Case No. AR2002081359.

A Navy petty officer was denied reenlistment after 14 years of honorable service and after being identified as being HIV positive. After proving his denial of reenlistment was unjust, the BCNR corrected his records to give him a permanent retirement for a medical condition existing at the time of his unlawful discharge plus backpay. BCNR Case No. 4653-96.

After a Marine staff sergeant was involuntarily separated for being overweight, the Marine Corps demanded that she refund her reenlistment bonus. This collection effort was successfully challenged and she was allowed to retain the bonus. Defense Office of Hearings and Appeals Claim No. 98042304.

A Navy recruit was discharged from boot camp for alleged use of marijuana based upon a urinalysis test. The BCNR agreed that the evidence proved she did not knowingly use any drug and corrected her record to put her back into the Navy. She obtained more than two years’ backpay. BCNR Case No. 5501-96.

A medical student with an Army scholarship was asked to resign by his medical school due to poor grades. The Army demanded $75,000 in repayment of tuition and fees. The Army stopped the recoupment of his pay when it was convinced the debt was not lawful. Army Reserve Personnel Center letter dated 19 Nov 1997.

A Navy chaplain complained that three consecutive fitness reports were adversely affected by the racial bias of his supervisor. After obtaining substantial evidence of the supervisor's bias, the BCNR removed the fitness reports and the failures of selection. He was promoted at the next regular promotion board. BCNR Case No. 1759-02.

A Navy lieutenant was processed for discharge with over 17 years of service after twice failing selection for promotion. His military record contained references to a Board of Inquiry (BOI) that had found no misconduct and a nonjudicial punishment (NJP) that had been set aside. The BCNR agreed to remove from his record all references to the BOI and the NJP and also removed the failures of selection so he could be considered for promotion with a corrected record. This correction enabled the lieutenant to qualify for retirement. BCNR Case No. 9275-04.

The above cases are no guarantee that your case will be similarly successful. But each of these clients, and many others, have had their lives changed in a dramatic fashion.