Boards for Correction of Military/Naval Records

The COVID-19 vaccine mandate was a contentious issue within the U.S. military, forcing thousands of service members into difficult dilemmas—either comply with the order or face discharge. While the DoD’s 2021 vaccination requirement was framed as a necessary measure to ensure force readiness and protect personnel from COVID-19, it also led to significant hardship, particularly for service members who sought exemptions on religious or medical grounds but were denied.

Ultimately, many who refused the vaccine were administratively separated, often with general discharges that impacted their benefits, career opportunities, and future in the Armed Forces. The rapid rollout of the mandate, coupled with inconsistent guidance and a sham exemption process, left many feeling abandoned by the very institution they had dedicated their lives to serving.

At Military Justice Attorneys, we’ve seen firsthand the challenges service members endured during this turbulent time and have remained committed to fighting for service members were discriminated against and unjustly punished for their stance. If you were discharged for refusing the vaccine and have questions about reinstatement, contact us today for a consultation.

Background

On August 24, 2021, the Secretary of Defense mandated that all service members receive the COVID-19 vaccine. The Secretary of Defense later rescinded the mandate on January 10, 2023. Despite being rescinded, over 8,000 service members were discharged under the Biden administration due to their COVID-19 vaccination status.

Many, if not most, were discharged for “serious misconduct” and did not receive a fully honorable characterization. Prior to their discharge, these service members were shamed, mocked, ridiculed, discriminated against, and made to suffer incalculable personal and professional damage. They were then unceremoniously kicked out and forced to uproot their lives during a period of great uncertainty.

The Secretary of Defense’s recission memo required the removal of adverse information for individuals currently serving in the Armed Forces but required veterans who were discharged for refusing to take the COVID-19 vaccine to petition their respective Discharge Review Board or Board for Correction of Military Records to request removal of adverse information

Executive Order Reinstating Service Members

Now, in 2025, the landscape has shifted.

On inauguration day, President Trump vowed to reinstate service members who were discharged for refusing to comply with the COVID-19 vaccine mandate.

On January 27, 2025, President Trump delivered on that promise by signing an Executive Order aimed at reinstating service members who were discharged solely for refusing the COVID-19 vaccine. This marks a dramatic policy reversal and offers a new path forward for those affected by the mandate.

What the Executive Order Says

President Trump’s executive order, titled "Reinstating Service Members Discharged Under the Military’s COVID-19 Vaccination Mandate," directs the Secretary of Defense and the Secretary of Homeland Security to take concrete steps toward reversing the impact of the vaccine requirement. The order states:

"The vaccine mandate was an unfair, overbroad, and completely unnecessary burden on our service members. Further, the military unjustly discharged those who refused the vaccine, regardless of the years of service given to our Nation, after failing to grant many of them an exemption that they should have received. Federal Government redress of any wrongful dismissals is overdue."

In response to these concerns, the executive order mandates the following actions:

1. Reinstatement of Discharged Service Members. Service members who were involuntarily discharged solely due to their refusal to take the COVID-19 vaccine can request reinstatement. Those reinstated must be returned to their prior rank and pay grade and will receive full back pay, benefits, and any compensation or bonuses they would have earned had they not been separated.
2. Reinstatement for Those Who Voluntarily Left Service. Service members who chose to separate or allowed their service contract to lapse due to the vaccine mandate may also return to duty. If they provide a written, sworn attestation stating that the mandate was the reason for their departure, they will be reinstated without penalty or loss of rank, pay, or status.
3. Accountability and Implementation Timeline. The Secretary of Defense and the Secretary of Homeland Security must report back to the President within 60 days on their progress in executing this order. The order does not provide details on how reinstatement will be handled for service members who have since moved on to other careers or reenlisted under different terms. These details will likely be clarified as policies are developed.

Read the full Executive Order here along with a Fact Sheet further explaining the action.

What This Means for Discharged Service Members

For thousands of former military members, this executive order presents a potential opportunity for reinstatement, back pay, and restoration of lost benefits. However, it also raises important questions about how the reinstatement process will be carried out and whether all discharged service members will qualify.

Here’s what you need to consider if you were separated due to the vaccine mandate:

1. What Happens If You Were Discharged for Refusing the Vaccine? If you were discharged solely for refusing the COVID-19 vaccine, you now have the option to apply for reinstatement. If granted, you will be restored to your previous position, rank, and benefits. However, if your discharge was not solely due to vaccine refusal—such as if you also had other disciplinary actions—it is unclear whether you will be eligible for reinstatement.
2. What About Those Who Took General or Other-Than-Honorable Discharges? Many service members received general discharges instead of honorable ones due to their refusal to comply with the vaccine mandate. This has had serious repercussions, including loss of GI Bill benefits, VA healthcare eligibility, and future career opportunities. This executive order suggests that those individuals should be eligible to have their discharges upgraded if they return to service. However, the exact process for correcting discharge statuses remains to be seen.
3. What If You Already Moved On? Many service members who were discharged due to the vaccine mandate have since moved on to civilian careers, obtained new employment, or enrolled in higher education. The order does not force anyone to return—it is voluntary. However, those who have adjusted to civilian life may still want to explore whether they qualify for compensation or benefits restoration without necessarily rejoining the military.
4. Will There Be Any Compensation for Those Who Choose Not to Return? While the executive order ensures back pay for those who do return, it does not explicitly mention whether service members who decline reinstatement will receive any financial redress for their wrongful discharge. This could be an issue that courts or Congress will need to address in the coming months.

Next Steps for Affected Service Members

1. Stay Informed on Implementation Policies. This executive order sets the groundwork for reinstatement, but the actual process will depend on how the DoD and DHS implement these policies. Service members should monitor updates from the military branches regarding application procedures and eligibility requirements.
2. Consult Legal Counsel Before Making a Decision. The decision to return to service is not one to take lightly. If you were discharged under the vaccine mandate, it’s important to understand your eligibility for reinstatement, what benefits or pay you may be entitled to, and how this could impact your long-term military career. Speaking with a military law attorney can help clarify your options and determine the best path forward.
3. Prepare Documentation for Your Reinstatement Request. If you plan to seek reinstatement, gather all documentation related to your separation, including your DD-214, discharge paperwork, and any exemption requests you previously submitted. Being proactive will help speed up the process once applications open.

MJA is Here to Help

At MA we have been advocating for service members since the vaccine mandate was first implemented. If you or someone you know was discharged due to the vaccine requirement and wants to explore reinstatement or benefits restoration, we can help you:

• Determine eligibility for reinstatement
• Navigate the application process
• Advocate for discharge upgrades or lost benefits
• Assess your rights and options

This executive order marks a major shift, but the details still need to be worked out. Our team at MJA is actively monitoring new developments and is available to answer questions from veterans nationwide. To speak with a lawyer, call (843) 773-5501 or contact us online.

The Department of the Air Force has a maze of administrative review boards which can be difficult to navigate. Understanding the different boards, their functions, and the type of relief that can be granted is critical for Airmen seeking to correct their official military record.

MJA has successfully helped service members correct errors and injustices in their military records. If you need relief from one of the Army’s administrative review boards, contact us today for your consultation.

AIR FORCE REVIEW BOARDS

The Air Force Review Boards Agency (AFRBA) manages multiple military and civilian processes through the Secretary of the Air Force. The AFRBA has multiple boards which service members can apply to, including:

• Air Force Board for Correction of Military Records (AFBCMR)
• Air Force Discharge Review Board (AFDRB)
• Personnel Security Appeal Board (PSAB)
• DoD Physical Disability Board of Review (PDBR)
• Review Boards Office at Randolph AFB, Texas
• The Executive Support Office (MRBE)
• Secretary of the Air Force Personnel Council (SAFPC)
• Air Force Civilian Appellate Review Office (AFCARO)

TYPES AND FUNCTION OF REVIEW BOARDS

Air Force Board for Correction of Military Records (AFBCMR): The AFBCMR reviews applications for correction of military records of Air Force members (Regular, Guard, and Reserve) or former Airmen. 

Air Force Discharge Review Board (AFDRB): The AFDRB’s objective is to review an applicant’s discharge to determine whether the characterization of service, reason for discharge, and re-enlistment code should be changed for reasons of propriety or equity.

Personnel Security Appeal Board: The PSAB adjudicates appeals of security eligibility/clearance withdrawals by the Air Force Central Adjudication Facility to determine if eligibility should be reinstated or if the appeal should be denied.

DoD Physical Disability Board of Review: The PDBR reviews applications by personnel that received a disability rating of 20% or less from all services between September 11, 2001, and December 31, 2009. 

Review Boards Office at Randolph AFB, Texas: Processes applications for correction of military records for the AFBCMR, DRB, and the PDBR. 

The Executive Support Office (MRBE): Provides administrative, communication, IT, personnel and logistic support for all directorates within the Agency. 

Secretary of the Air Force Personnel Council (SAFPC): The SAFPC acts for, recommends to, and announces decisions on behalf of SECAF for a variety of military personnel issues. SAFPC is comprised of five (5) boards:

• AF Personnel Board
• AF Discharge Review Board
• AF Decorations Board
• AF Clemency and Parole Board
• AF Personnel Board

Air Force Civilian Appellate Review Office: The AFCARPO adjudicates discrimination complaints and administrative grievances filed by civilian employees and applicants filed against the Air Force. 

AIR FORCE DISCHARGE REVIEW BOARD

The AFDRB is probably one of the most, if the the most, commonly petitioned board by Air Force veterans. That’s because the AFDRB’s objective is to review an applicant’s discharge to determine whether the characterization of service, reason for discharge, and re-enlistment code should be changed for reasons of propriety or equity.

You see, not all discharge decisions are inherently final. Pursuant to federal law, each military branch maintains a Discharge Review Board (DRB) which meets regularly to review submissions and hear oral arguments in favor of applicants. Veterans seeking a discharge upgrade must petition their respective DRB within 15 years from their military discharge if they want their discharge reviewed.

Former members of the Air force, Air National Guard, or Air Force Reserve discahrged within the last 15 years may apply. If the service member was discharged more than 15 years ago, the AFDRB will not accept the application and the veteran must apply directly to the Air Force Board for Correction of Military Records to seek a review of their discharge

To apply, applicants must submit a completed DD Form 293 form containing the veteran’s personal information, requested correction, justification for the request, and whether they are requesting an in person hearing, among other information. Applicants may attach as evidence documents in support of their application. Applicants may request a “records only” review where the Board considers available military personnel records, medical records (if relevant) and documentary evidence provided by the applicant. Otherwise, an applicant may request a personal appearance before the Board.

There is no such thing as an automatic discharge upgrade due to the passage of time. The burden of proof rests with the applicant to show either an error or injustice that would justify the DRB to grant a discharge upgrade of provide other relief. Absent evidence to the contrary, the DRB will presume presume that the military record was appropriate and in compliance with service regulations.

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

The other most commonly used board is the AFBCMR, which can provide even greater relief to qualifying veterans.

The AFBCMR is the highest administrative level of appeal within the Air Force and is empowered to correct any error or injustice to a veteran’s military records. Such records may include, but are not limited to, records regarding discharges, reenlistment codes, disciplinary matters, performance evaluations, selection for promotion, advancement, retirement, dates of service, disability ratings, medals, and various bonuses and benefits.

Current and former members of the Air Force may apply for a correction of an error or removal of an injustice in their official military record. If a former service member is deceased or incompetent, the member’s spouse, widow or widower, next of kin (parent, sibling, or child), or legal representative can apply for the service member.

Before applying the AFBCMR, the applicant must first exhaust all available avenues of administrative relief provided by existing law or regulations prior to seeking relief before this Board. Examples of Boards which provide administrative relief that must be exhausted before applying to the AFBCMR include:

• Combat Related Special Compensation (CRSC)
• Air Force Discharge Review Board (AFDRB)
• Evaluation Reports Appeals Board (ERAB)
• Fitness Assessment Appeals Board (FAAB)
• Purple Heart Review Board (PHRB)
• Air Force Personnel Board (AFPB)
• Secretary of the Air Force Remissions Board (SAFRB)

Additional resources and personnel programs exist for service members to consult before applying to the AFBCMR about routine updates to the personnel records.

To apply, applicants must submit a completed DD149 form containing the veteran’s personal information, requested correction, justification for the request, and date and time when the alleged error or injustice was discovered, among other information. Applicants may attach as evidence documents in support of their application.

The burden of proof to show either an error or injustice rests with the applicant. Absent evidence to the contrary, the BCMRs will presume presume that the military record was appropriate and in compliance with service regulations. Applicants can request a personal appearance before the Boards, but are not entitled to a hearing.

BOARDS OF REVIEW “READING ROOMS”

The Department of Defense requires an “Electronic Reading Room” for the Military Departments’ Boards for the Corrections of Military/Naval Records and the Discharge Review Boards. The reading room contains decisions for each of the Boards from October 1998 to the present for public research. Applicants intending to file a petition with ARBA should search the “Reading Room” for decisional documents which may be helpful to their petition. 

The “Reading Room” also contains board statistics. These statistics track the number and type of applications filed, whether the petitions involve claims of mental health or sexual assault, and in what percentage of cases the boards granted relief.

CONTACT US TODAY

MJA has successfully helped service members correct errors and injustices in their military records. If you believe you may be entitled to relief, contact us today for your consultation.

The post The Air Force Review Boards Agency: An Overview appeared first on Military Justice Attorneys.

The Department of the Army has a maze of administrative review boards which can be difficult to navigate. Understanding the different boards, their functions, and the type of relief that can be granted is critical for Soldiers seeking to correct their official military record.

MJA has successfully helped service members correct errors and injustices in their military records. If you need relief from one of the Army’s administrative review boards, contact us today for your consultation.

ARMY ADMINISTRATIVE REVIEW BOARDS

The Army Review Boards Agency (ARBA) serves as the highest administrative level of review within the Department of the Army. The ARBA administers the following boards:

• Army Board for Correction of Military Records (ABCMR)
• Army Discharge Review Board (ADRB)
• Army Grade Determination Review Board (AGDRB)
• Army Active-Duty Board
• Army Board of Review for Eliminations
• Army Ad Hoc Board
• Army Physical Disability Appeal Board
• Army Physical Disability Review Board (APDRB)
• Army Clemency and Parole Board
• Army Special Review Board (ASRB) [Evaluation Appeals]
• Department of the Army Suitability Evaluation Board (DASEB)
• Department of the Army Conscientious Objector Board (DACORB)

TYPES AND FUNCTION OF REVIEW BOARDS

Army Board for Correction of Military Records: The ABCMR is the highest level of administrative review within the Department of the Army with the mission to correct errors or injustices in Army military records. Soldiers must exhaust administrative remedies before appealing to the ABCMR.

Army Discharge Review Board: The ADRB reviews requests to change a veteran’s administrative discharge and to change the characterization of service and/or the reason for discharge. The veteran has the burden to prove the existence of an error or injustice to support the requested change and must file their appeal with 15 years of discharge.

Army Grade Determination Review Board: The AGDRB determines the highest grade in which a Soldier served satisfactorily. This determination of service can have pay implications for retired enlisted Soldiers and Officers.

Army Physical Disability Review Board: The APDRB can review decisions made by a retiring Board, medical Board, or other disposition Board denying a service member’s disability claim upon separation or retirement. Soldiers or former Soldiers who separated or retired from active duty within the past 15 years with a physical disability separation without pay for such physical disability, may be eligible to apply to this Board.

Army Clemency and Parole Board: The ACPB conducts clemency, parole and mandatory supervised release hearings for eligible Army prisoners and supervisees. Clemency and parole eligibility dates are determined by the length of the adjudged sentence.

Department of the Army Suitability Evaluation Board: The DASEB reviews appeals to remove unfavorable information or move unfavorable information into the restricted section of the Soldier’s OMPF. Army Regulation 600-37, Unfavorable Information, describes how and when service members should submit such appeals.

BOARDS OF REVIEW “READING ROOMS”

The Department of Defense requires an “Electronic Reading Room” for the Military Departments’ Boards for the Corrections of Military/Naval Records and the Discharge Review Boards. The reading room contains decisions for each of the Boards from October 1998 to the present for public research. Applicants intending to file a petition with ARBA should search the “Reading Room” for decisional documents which may be helpful to their petition.

The “Reading Room” also contains board statistics. These statistics track the number and type of applications filed, whether the petitions involve claims of mental health or sexual assault, and in what percentage of cases the boards granted relief.

CONTACT US TODAY

MJA has successfully helped service members correct errors and injustices in their military records. If you believe you may be entitled to relief, contact us today for your consultation.

The post The Army Review Boards Agency: An Overview appeared first on Military Justice Attorneys.

The Department of the Navy has a maze of administrative review boards which can be difficult to navigate. Understanding the different boards, their functions, and the type of relief that can be granted is critical for Sailors and Marines seeking to correct their official military record.

MJA has successfully helped service members correct errors and injustices in their military records. If you need relief from one of the Navy’s administrative review boards, contact us today for your consultation.

SECRETARY OF THE NAVY COUNCIL OF REVIEW BOARDS

The Secretary of the Navy Council of Review Boards (SECNAVCORB) is an administrative body within the Department of the Navy (DON) that reviews cases, conducts hearings, and renders decisions on behalf of the Secretary of the Navy. The SECNAVCORB is comprised of the following boards:

• Physical Evaluation Board (PEB)
• Combat-Related Special Compensation Board (CRSCB)
• Naval Discharge Review Board (NDRB)
• Naval Complaints Review Board (NCRB)
• Naval Clemency and Parole Board (NCPB)
• Navy Department’s Board of Decorations and Medals (NDBDM)
• Disability Review Board (DRB)

TYPES AND FUNCTION OF REVIEW BOARDS

Physical Evaluation Board: The PEB administers the DON Disability Evaluation System and makes determinations regarding a service member’s fitness to continue naval service, entitlement to benefits, disability ratings, and disposition of evaluated service members. It is comprised of the informal and formal PEB.

Combat-Related Special Compensation Board: The CRSCB determines the eligibility and entitlement of former and retired Navy and Marine Corps members to combat-related special compensation. Combat Related Special Compensation is a tax-free entitlement created for disability and non-disability military retirees with combat-related disabilities.

Naval Discharge Review Board: The NDRB reviews the characterization of service and reason for discharge of former members of the Navy and Marine Corps (except those discharged by reason of sentence of general court–martial, or when more than 15 years has elapsed from the date of discharge). The NDRB has the authority to change, correct, or modify any discharge.

Naval Complaints Review Board: The NCRB reviews complaints pertaining to NDRB decisions properly referred by the Joint Services Review Activity.

Navy Clemency and Parole Board: The NC&PB reviews and makes determinations regarding clemency, parole, or mandatory supervised release in properly referred Navy and Marine Corps cases. The NC&PB also reviews and makes recommendations regarding Naval policy and procedures in clemency, parole, and mandatory supervised release matters.

Navy Department Board of Decorations and Medals: The NDBDM assists in all matters of policy, procedures, and administration concerning Navy and Marine Corps decorations, medals, and ribbons. The NDBDM reviews and recommends action on awards submitted to SECNAV for approval and reviews awards issued by awarding authorities.

Disability Review Board: The DRB reviews disability decisions and forwards a recommendation for final decision by the Assistant Secretary of the Navy (Manpower & Reserve Affairs). Former service members who were separated or retired from active duty without pay because of physical disability may to apply to this board.

Personnel Security Appeals Board: The PSAB decides appeals of unfavorable personnel security determinations (including SCI access) made by the DON Central Adjudication Facility.

If a service member’s petition to a SECNAVCORB is denied, the service member can appeal to the Board for Correction of Naval Record (BCNR). BCNR is the highest level of administrative review within the Department of the Navy/Marine Corps to correct errors or injustice to member’s records.

BOARDS OF REVIEW “READING ROOMS”

The Department of Defense requires an “Electronic Reading Room” for the Military Departments’ Boards for the Corrections of Military/Naval Records and the Discharge Review Boards. The reading room contains decisions for each of the Boards from October 1998 to the present for public research. Applicants intending to file a petition with the SECNAVCORB should search the “Reading Room” for decisional documents which may be helpful to their petition.

The “Reading Room” also contains board statistics. These statistics track the number and type of applications filed, whether the petitions involve claims of mental health or sexual assault, and in what percentage of cases the boards granted relief.

CONTACT US TODAY

MJA has successfully helped service members correct errors and injustices in their military records. If you believe you may be entitled to relief, contact us today for your consultation.

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Related Posts:

• Correction of Military Records

The post The Navy’s Council of Review Boards: An Overview appeared first on Military Justice Attorneys.