Board of Corrections and Discharge Reviews Lawyer
An unjust discharge or an erroneous military record can follow you for the rest of your life — affecting your benefits, your employment prospects, and your reputation. If you believe your discharge was improper, unfair, or based on an error in your record, you have the right to seek correction through a Discharge Review Board or a Board for Correction of Military Records. These processes are technical, evidence-driven, and often take a year or more to resolve, which makes experienced counsel critical to presenting the strongest possible case the first time.
At Citizen Soldier Law, you’ll have a former JAG lawyer in your corner who understands how these boards evaluate evidence and what it takes to win an upgrade or correction. Call anywhere in the country for help with:
- Discharge Upgrades
- Correction of Military Records
- Disability Evaluation System (MEB/PEB/IDES) Appeals
- Physical Evaluation Board (PEB) Findings
- Medical Advisory Opinion Rebuttals
- Personal Appearance and Records Review Hearings
Discharge Review Boards (DRB)
Each branch of service maintains its own Discharge Review Board to review discharges of former servicemembers. The board’s job is to determine whether a discharge was issued properly under the regulations in effect at the time, and whether those regulations were applied fairly and consistently. For the Army, this is the Army Discharge Review Board (ADRB) — a panel of five senior active duty officers who decide cases by majority vote.
To succeed, an applicant must show that an error, injustice, or inequity exists in the discharge. A DRB has no authority to reinstate a servicemember to active duty or revoke a discharge outright — its power is limited to changing the character of, or reason for, the discharge. Bad conduct discharges resulting from a special court-martial can only be upgraded on the basis of clemency, and DRBs cannot review discharges from a general court-martial or discharges issued more than 15 years ago. Those cases must instead go to a Board for Correction of Military Records.
How to apply for a discharge upgrade
Former members of the Regular Army, Army Reserve, and Army National Guard file a DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States) with the ADRB. You can request a records review hearing, a personal appearance hearing, or both — many applicants start with a records review and follow up with a personal appearance if the initial request is denied.
Your application is stronger when it’s supported by complete documentation: your separation packet, relevant military and medical records, and any correspondence with other agencies about your discharge. A surviving spouse, next of kin, or legal representative may also file on behalf of a deceased or incompetent former member, with appropriate supporting documentation such as a marriage license, death certificate, or power of attorney.
You are not required to have a lawyer to apply, but experienced representation makes a meaningful difference in how your case is presented and received. We help you build a complete, well-supported application and represent you at your hearing — whether that’s a records review, a personal appearance in Arlington, Virginia, or a quarterly travel board hearing at a location in the continental United States.
Boards for Correction of Military Records (BCMR)
When a discharge resulted from a general court-martial, occurred more than 15 years ago, or involves an error that a Discharge Review Board cannot address, the proper venue is the Board for Correction of Military Records — the ABCMR for the Army, with equivalent boards for each other branch. These boards have broader authority than a DRB, including the power to correct military records, change disability ratings, and, in appropriate cases, address separation or retirement determinations.
Applications are made using a DD Form 149 (Application for Correction of Military Records Under the Provisions of Title 10, U.S. Code, Section 1552). As with discharge upgrade applications, the strength of your case depends heavily on the quality and completeness of the evidence you submit.
Disability Evaluation and Medical Board Appeals
Many correction cases involve disability determinations that were never properly made or were made without adequate medical evidence. Under AR 40-501 (Standards of Fitness) and AR 635-40 (Physical Evaluation for Retention, Retirement, or Separation), a servicemember’s fitness for continued service is evaluated through a two-stage process: a Medical Evaluation Board (MEB) determines whether an injury or illness is severe enough to interfere with full duty in the servicemember’s job specialty, and a Physical Evaluation Board (PEB) then makes the administrative determination of whether the servicemember is fit for duty. A finding of “unfit for duty” is required before separation on medical grounds can occur.
Active duty servicemembers typically receive a comprehensive physical examination before discharge, but injuries and conditions — particularly for Reserve and National Guard members under Title 10 orders — are too often overlooked, whether through oversight or otherwise. If you believe you were separated without a proper MEB, PEB, or Integrated Disability Evaluation System (IDES) review, or that your disability rating does not reflect the severity of your condition, you may have grounds to petition for correction.
If the Board obtains a medical advisory opinion as part of its review, you are entitled to a copy of it and the opportunity to respond. When that opinion is unfavorable, a well-supported expert medical opinion is often essential to rebutting it. We work with you to identify what evidence — military, VA, and private medical records — will most effectively support your case, and to make sure that evidence is properly presented to the Board.
Why Experienced Representation Matters
These cases can take a year or more to reach a decision, and petitioners — particularly Reserve and National Guard members — are often left waiting while owed benefits and corrections remain unresolved. A well-prepared application, backed by the right evidence and, where appropriate, expert medical opinion, gives you the best chance at a meaningful and successful result. Petitioners must present all relevant evidence up front; incomplete applications are one of the most common reasons cases are denied.
Get Help with Discharge Reviews and Records Corrections Nationwide
Whether you’re pursuing a discharge upgrade, a correction of your military record, or an appeal of a disability determination, the process rewards thorough preparation and experienced advocacy. For help with any Discharge Review Board or Board for Correction of Military Records matter nationwide, call Citizen Soldier Law at 973-937-6010 and speak with a skilled, knowledgeable and experienced military lawyer dedicated to getting you the best possible outcome.
