It may take you some time to gather statements and records to support your request. You may wish to delay submission of your application until information gathering is complete. You should, however, submit your request within the 3-year time limit.
Getting Help
With few exceptions, all personnel records generated by the military may be corrected by the Board. The Board cannot, however, change the verdict of a courts-martial imposed after May 4, 1950. In these cases, the Board’s authority is limited to changing the sentence received on the basis of clemency. The Board will mail you a copy of the applicable service regulation at your request.
Most applicants represent themselves. If your request is complex, you may want someone to represent you:
- Many veteran service organizations have staff members who will represent you in applying to the Board. You may obtain a list of these organizations by writing to the Board (see addresses on reverse side of DD Form 149)
- You may also hire a lawyer to represent you at your own expense
- You should name your representative on DD Form 149, item 7. The Executive Director of the Board must approve any representative other than a veteran service organization staff member or a lawyer
- If you name a representative, the Board will normally deal with your representative rather than directly with you
Advice and guidance are available from many sources. Military Personnel specialists can advise you on personnel issues. Veteran service organizations will advise you even though you decide to represent yourself. You may discuss your case with an Board staff member, or you may write to the Board, and a staff member will respond to your questions.
Personal Appearances Before the Board
You may request a personal appearance before the Board by checking the appropriate box on DD Form 149, item 6. The Board will decide whether a personal appearance is necessary to decide your case. Travel expenses are your responsibility. The Board grants very few personal appearances, so you should try to fully present your case in writing. If your request for a personal appearance is granted, the Board will provide you with the necessary details.
Advisory Opinions
After your application is received, one or more offices within your military service (JAG, hospital, personnel, etc.) will prepare an advisory opinion on your case. The advisory opinion will be sent to the Board with your case file. If the advisory opinion recommends denial of your request, the Board will send it to you for comment:
Remember that the advisory opinion is only a recommendation. The Board will make the decision on your case
The Board will ask for your comments on the advisory opinion within 30 days. You may request an additional 30 days if you need it. Reasonable requests are normally granted
It may be unnecessary for you to comment on the advisory opinion. If you have nothing further to say, don’t bother to respond. Failure to comment on an advisory opinion does not mean you agree. Nor will it prevent a full and fair consideration of your application.
Board Members
Each Service Secretary appoints high-level civilian employees who work for the military service concerned to serve on the Board. Service is normally an additional duty for those appointed. Usually about 47 people serve on the Board.
Members are randomly assigned to three-member panels for consideration of cases. Cases are randomly assigned to panels.
