Discharge Review Boards

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 free 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 free 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 free 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 free 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 free 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 free 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.

On April 28, 2021, the Department of the Army issued a public notice that the Army Discharge Review Board (ADRB) would be reconsidering discharge upgrade applications for Soldiers who served in Iraq and Afghanistan and were discharged under less than Honorable conditions. This new policy, which is the result of a class action settlement agreement, will provide many Army vets with a fresh opportunity to present their case to the ADRB.

MJA has successfully helped service members upgrade their discharge characterization of service. If you believe your discharge or dismissal was unjust, erroneous, or otherwise warrants an upgrade, contact us today for your free consultation.

CLASS ACTION LAWSUIT

On April 17, 2017, two former Soldiers filed a class-action lawsuit on behalf of thousands of less-than-Honorably discharged Iraq and Afghanistan Army veterans with post-traumatic stress disorder (PTSD), traumatic brain injury (TBI), Military Sexual Trauma (MST), and related mental health conditions. The lawsuit alleged that Soldiers who served between October 7, 2001 and April 26, 2021 were systematically denied discharge upgrades by the ADRB despite binding Department of Defense guidance that such applications receive “liberal consideration” when being reviewed.

On April 26, 2021, the Army settled the lawsuit to allow former Soldiers who were partially or fully denied relief between April 17, 2011 and April 26, 2021 to have their petitions automatically reconsidered. Applicants who appealed between October 7, 2001 and April 16, 2011 received the right to reapply to the ADRB for relief. These Soldiers were divided into Groups A, B, and C.

AUTOMATIC RECONSIDERATION FOR GROUP “A” SOLDIERS

According to the settlement, the ADRB will automatically reconsider discharge upgrade applications for “Group A Soldiers.” This group is limited to former Soldiers who:

• Had their cases decided by the ADRB between April 17, 2011 and April 26, 2021;
• Did not receive the entire discharge upgrade they had requested; and
• Whose records and/or previous application raised evidence pertaining to PTSD, TBI, MST, and/or other behavioral health issues.

In these cases, the ADRB must consider whether PTSD, TBI, MST, and/or other behavioral health issues related to the Soldier’s service contributed to their discharge. The ADRB will automatically reconsider prior petitions for “Group A” Soldiers, who need not re-apply. Group A Soldiers were, however, sent a notice letter and given the opportunity to submit additional evidence to the ADRB.

NEW APPLICATIONS FOR GROUP “B” AND “C” SOLDIERS

Per the settlement terms, the ARDB will also consider new applications for discharge upgrade requests from “Group B” and “Group C” Soldiers. “Group B” is limited to former Soldiers who:

• Previously applied to the ADRB;
• Whose application was denied or not fully granted between October 7, 2001 and April 16, 2011; and
• Whose records or previous application raised evidence pertaining to PTSD, TBI, MST, and/or other behavioral health issues.

“Group C” is limited to former Solders who:

• Previously applied to the ADRB; and
• Whose application was denied or not fully granted between April 17, 2011 and September 4, 2014.

If a “Group B” or “Group C” Soldier reapplies for a discharge upgrade, the ADRB must consider their case in light of recent DoD guidance regarding PTSD, TBI, MST, and/or other behavioral health issues that may have caused or contributed to their discharge.

SERVICE MEMBERS MUST SHOW ERROR OR INJUSTICE

There is no guarantee that a Soldier whose case is reconsidered will receive a discharge upgrade. Importantly, Soldiers still bear the burden of proving that their discharge was erroneous or unjust. If the applicant cannot meet this burden, then their discharge will stay the same.

Soldiers should submit relevant evidence in support of their petition to help the ADRB understand the circumstances surrounding their discharge. Such evidence may include:

• Diagnoses from a medical professional;
• Documentation recording symptoms associated with PTSD, TBI, MST, and/or other behavioral health issues;
• Letters from people who knew you before, during, or after your service that can describe any behavioral changes or symptoms related to the condition.

If possible, this evidence should explain how the Soldier’s symptoms or diagnoses mitigate or outweigh the misconduct which formed the basis for separation.

CONTACT US TODAY

MJA has successfully helped service members upgrade their discharge characterization of service. If you believe your discharge or dismissal was unjust, erroneous, or warrants an upgrade, contact us today for your free consultation.

The post Class-Action Settlement Gives Army Vets Another Shot at Discharge Upgrade appeared first on Military Justice Attorneys.