CORRECTION OF MILITARY RECORDS

Except for certain health care benefits, eligibility for VA benefits in general requires that the claimant or person on whose service the claim is based have been discharged from service under honorable conditions.  With certain exceptions, an honorable discharge or general discharge under honorable conditions is binding upon VA for all benefits purposes.  If the discharge was less than honorable, VA will determine if the discharge was under other than dishonorable conditions so long as it was not issued for any of the reasons constituting a statutory bar to benefits, such as a discharge or dismissal by reason of sentence of a general court-martial, or a resignation of an officer for the good of the service, ect.  If VA determines that the discharge was issued under other than dishonorable conditions, the claimant is eligible to proceed with his or her claim for benefits.  Otherwise, the claim(s) must be denied.

Persons whose discharge from service was under other than honorable conditions may instead choose to apply for a review of the discharge by the Service Department.  This may be either by a Discharge Review Board or by a Board for Correction of Military Records.  Each is briefly described below.

I.      Review of discharges:

Each of the military services maintains a Discharge Review Board with authority to change, correct or modify discharges or dismissals that are not issued by a sentence of a general courts-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. If the discharge was more than 15 years ago, a Veteran must petition the appropriate service Board for Correction of Military Records using DD Form 149. 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 military service 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 recharacterization, 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.

If more than 15 years have elapsed since discharge or dismissal, the applicant must file with the appropriate Board for Correction of Military Records, as described below. Discharge Review Boards conduct hearings for applicants to personally plead their cases and provide additional evidence, if desired. All of the Boards hold hearings in Washington, D.C. in addition; the Army and the Air Force have traveling review boards, which conduct personal hearings in various cities in each state. The Navy and Marine Corps Boards conduct personal hearings outside Washington, D.C. only in Arlington, Virginia; Dallas, Texas; Chicago, Illinois; and San Francisco, California. Travel is at the Veterans own cost. 

 II.   Correction of 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 courts martial.

The Veteran, survivor or legal representative generally must file a request for correction within three years after discovery of an alleged error or injustice. The board may excuse failure to file within the prescribed time, however, if it finds it would be in the interest of justice to do so. 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 any 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 requested correction. Application is made with DD Form 149.