The boards for the correction of military records were created by Congress in 1947 in order to provide a fair, efficient, and easy-to-use process for servicemembers and veterans who need to correct errors and injustices in their military records. The boards process more than 15,000 applications each year.  Many applications involve complex matters involving command and IG investigations, promotion delays and withdrawals, adverse personnel actions, non-judicial punishment, reprisal, retaliation and harassment, retirement qualification and pay, and physical disability entitlements. They often raise legal issues involving the US Constitution, federal statutes, and military regulations.

As an advocate for military personnel and veterans before the correction boards, I have long-believed that they are not performing as well as they should or as Congress intended. I recently obtained details concerning the board’s procedures and practices under the Freedom of Information Act. Some of those details are truly shocking. I am making them available to you and the general public here. To review the information I received from the boards, simply click on the links below. The documents are in PDF format.

 

Some of the more disturbing findings are:

The Army board members on average devote 3.72 minutes to deciding each case.

The Navy board members on average devote 6.73 minutes to deciding each case.

The Coast Guard board members are not required to review an applicant’s case file.

In the Army and Coast Guard, non-board members prepare recommended decisions for board approval.  In the Navy, a non-board member orally presents the case to the board.

None of the boards routinely consider their past decisions when deciding cases, even where the decisions involve the same law and similar facts.

The Navy stated that it has no system for identifying past decisions that are related to the same issues raised in a later application.

The Army and Navy do not believe that they are bound by the doctrine of precedent, which means that similar cases must be treated similarly.

The Coast Guard adopted a very narrow view of the FOIA request, as you will see, yet revealed through documents that the board normally votes to adopt the recommended decision provided by a non-board member.

Army board members are not required to review case files, and Navy board members are not required to review them in advance.

No military department requires its board members to undergo extensive or specialized training in military law and procedures.  

All BCMR board members have other full-time jobs and sit on the boards only periodically.

No BCMR requires its board members to be lawyers, HR specialists, or even military vets.

 

Download FOIA responses (PDF Documents)

Army Board for the Correction of Military Records

Air Force Board for the Correction of Military Records

Board for the Correction of Naval (and Marine Corps) Records

Coast Guard Board for the Correction of Military Records