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Army Board for Correction of Military Records
(ABCMR)
APPLICANT'S GUIDE TO APPLYING TO
THE ARMY BOARD FOR CORRECTION OF MILITARY RECORDS (ABCMR)
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Army Board for Correction of Military Records
(ABCMR)
APPLICANT'S GUIDE TO APPLYING TO
THE ARMY BOARD FOR CORRECTION OF MILITARY RECORDS (ABCMR)
This guide provides information on how to apply to the ABCMR for correction of
your military records.
CONTENTS
Who May Apply, When, and How – items 1-8
Where to Get Copies of Military Records – item 9
Advisory Opinions – item 10
Representation and Counsel – item 11
Board Process – items 12-13
How Long Will It Take – item 14
How to Check on Application Status – item 15
Reconsideration of a Board Decision – item 16
Additional Information on Website – item 17
Exhausting Administrative Remedies Prior to Applying – item 18
Frequently Asked Questions and Answers – item 19
1. Who May Apply to the ABCMR? Current and former members of the U.S.
Army (including Army Reserve and Army National Guard) may apply for a
correction of error or injustice in their official Army records. If the current or
former service member is deceased or incompetent, the service member's
spouse, widow or widower, next of kin (mother, father, brother, sister, or
children), legally designated representative, or other specified individual, can
apply on behalf of the service member. An applicant must provide legal proof of
the death or incompetence of the service member and proof of legal relationship
to the service member. Former spouses of service members may apply on
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issues relating to Survivor Benefit Plan (SBP) benefits. Department of the Army
civilian employees can apply in cases asserting an error or injustice in financial
liability investigations of property loss (formerly known as reports of survey) or
criminal titling, but not for civilian personnel or pay issues. Additionally, a proper
party can authorize another to file on his or her behalf using the services of an
attorney-at-law or a non-lawyer authorized to file in his or her behalf by a power
of attorney (attorney-in-fact).
2. Members of the Army National Guard applying to the Army Board for
Correction of Military Records (ABCMR). Many Army National Guard
regulations require the members of the Army National Guard to apply first to their
State Adjutant General and then to the National Guard Bureau for correction of
records. If after exhausting these resources, a member of the Army National
Guard still feels that there is error or injustice in their record, they can apply to
the ABCMR. They should include with their application a copy any
communication they have had with their State Adjutant General or the National
Guard Bureau concerning the requested correction.
3. Right to Apply. Title 10, United States Code, section 1552, is the law
governing the correction of military records. This law authorizes the Secretary of
the Army (SA) to correct errors or injustice in military records. This law allows
the SA to establish a board of Army civilians to consider applications for
correction of military records. This law gives you the right to apply to the ABCMR
to correct errors or injustices in your military records. Army Regulation 15-185,
Army Board for Correction of Military Records, provides direction on the conduct
of the ABCMR and information on how to apply to the Board. These references
are located on the Army Review Board Agency's web site at
http://arba.army.pentagon.mil
4. When to Apply to the ABCMR. Public law requires that you submit your
request for correction of military records within 3 years after the error or injustice
occurs, or within 3 years after you discover the error or injustice. However, if you
provide justification for exceeding this 3-year statute of limitation, the ABCMR will
review the merits of untimely applications. The ABCMR may waive the
untimeliness of your request in the interest of justice. However, you should not
assume a waiver will be granted. However, you must exhaust all other
administrative remedies before appealing your case to the ABCMR (see item 18
below).
5. How to Apply to the ABCMR. A DD Form 149, Application for Correction of
Military Records, is the form used to apply to the ABCMR for correction of military
records.
On the Army Review Boards Agency website (http://arba.army.pentagon.mil), on
the “Correction of Military Records” page, click on Application Procedures for
information on how to apply to the ABCMR.
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• You may print a blank DD Form 149, fill in the information manually,
and mail it to the address shown on the reverse side of the form. The
DD Form 149 on the Application Procedures page is in a .pdf fillable
format so you can word process on it, save it, and print it.
• A DD Form 149 can be obtained from any military personnel office and
from many Veteran service organizations.
• A DD Form 149 can be requested by mail to: Army Review Boards
Agency, Attn: Congressional Liaison and Inquiry, 251 18
th
Street South,
Suite 385, Arlington, Virginia 22202-3531.
6. Your Statements on the DD Form 149. Your own statements on the
application are very important. Identify exactly what error or injustice you want
corrected in the record. Explain clearly what happened and why you believe the
record is in error or unjust. Give the date, unit or organization, and location when
the error or injustice occurred. You may continue your statements on the back of
the DD Form 149 or on plain paper attached to your application.
7. The ABCMR is not a Research Agency. The ABCMR will review available
official military records, but it is the applicant's responsibility to provide
documents and evidence to support his or her contention of error or injustice.
8. Supporting Documents and Evidence. To support your application, please
provide copies of all relevant military records in your possession and any
evidence to support your request. Do not send originals.
Send a copy of your discharge or separation certificates such as the
DD Form 214, NGB Form 22, or WD AGO Form 53-55 (WWII) if applicable.
Include the bottom section of the discharge or separation certificate.
Send a copy of any military documents and orders you have relating to your
request with your application. Do not assume that all of your military documents
and orders are in your military record. Please do not send classified documents
or documents with classified markings on them.
If your issue relates to a medical condition or record, please provide copies of
your military medical records and any such other medical records that are
applicable.
Birth certificates must be notarized with a raised seal imprinted by the issuing
records custodian certifying the certificates as true copies.
Provide any court documents that are applicable to your issue.
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If you need to provide the ABCMR proof of your Social Security Number (SSN), a
photocopy of your social security card IS NOT sufficient. You must obtain a letter
from the Social Security Administration verifying your Social Security Number.
As part of your evidence, you need to provide copies of any correspondence you
have had with other agencies to resolve your issue. The ABCMR will only
address issues after all administrative recourse/appeals available to the applicant
as outlined in Army regulations have been exhausted.
Witness statements must be signed by the witness and notarized showing a
raised notary seal. Providing the names of witnesses only is not sufficient. The
ABCMR WILL NOT contact your witnesses to obtain witness statements. The
best witness statements are from persons who have direct knowledge or
involvement. Character references from community leaders and others who
know you are helpful if you are requesting clemency based on post-service
activities and accomplishments. You must decide what evidence will best
support your case. Please do not send classified documents or documents with
classified markings on them with your application as part of your evidence.
9. Where to Get Copies of Your Military and Medical Records.
a. Military Personnel Records – you may request a copy of your official
military personnel file from the National Archives and Records Administration
(NARA), National Personnel Records Center (NPRC), Military Personnel
Records Section, 1 Archives Drive, St. Louis, MO 63138. See the following
website for further information –
http://www.archives.gov/Veterans/military-service-records
b. Military Medical Records – When you are separated from military
service, your military medical records were transferred to the Department of
Veteran Affairs (VA). If you already have a VA medical record, your military
medical record is filed with it. If you do not have a VA medical record, contact
your local VA representative to help you locate your military medical record.
c. Military Unit Records – For researching unit records, you should
contact The National Archives, Modern Military Records, 8601 Adelphi Road,
Room 2400, College Park, MD 20740; phone number (301) 837-3510. They
maintain unit information. You can do your own research there or they can do it
for a fee. Information on the National Archives College Park facility can be found
on - http://www.archives.gov/dc-metro/college-park/index.html
d. Reserve Component Retirement Points – The U.S. Army Human
Resource Command (HRC) provides information on reserve component
retirement points on their website at https://www.hrc.army.mil/TAGD >
Retirement Services > Reserve Component Retirements > Point Corrections.
You will need to have a Department of Defense Common Access Card (CAC)
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and a CAC reader on your computer to view this information. If you do not have
this capability, you may contact the Human Resource Service Center at
1 (888) 276-9472 for assistance.
10. Advisory Opinions. Once the ABCMR receives your application, one or
more military agencies may prepare an advisory opinion about your case. An
advisory opinion is only a recommendation. The ABCMR will make its own
decision on your case. If the ABCMR obtains an advisory opinion about your
case, you will be sent a copy. You will normally have 30 days to provide your
comments back to the ABCMR before the ABCMR considers your case. You do
not need to provide comments on the advisory opinion if you have nothing to
add. Failure to comment on an advisory opinion does not mean you agree nor
will it prevent a full and fair consideration of your application.
11. Representation and Counsel. Most applicants represent themselves.
However, you may choose to have a counsel represent you. Many Veteran
service organizations, such as the American Legion, the Veterans of Foreign
Wars, the Disabled American Veterans, or state Veteran’s assistance offices,
have staff members who can assist you or represent you in applying to the
ABCMR. You may also hire a lawyer of your choice to represent you at your own
expense. If you appoint a counsel, you should provide their name and address
on the DD Form 149. If you name a counsel, the ABCMR may correspond with
your counsel rather than directly with you.
12. Personal Appearances Before the ABCMR. In accordance to Army
Regulation 15-185, Army Board for Correction of Military Records, applicants do
not have a right to a formal hearing before the ABCMR. They may indicate on
their application their desire to appear before the Board. The Director of the
ABCMR or the ABCMR may grant a formal hearing if is determined that the
military record and evidence presented by the applicant are insufficient for the
ABCMR to render a fair, just, and equitable decision. Very few personal
appearances are granted, so you should try to fully present your case in writing
with documentary evidence. If your desire for a personal appearance is granted,
the ABCMR will provide you with the necessary details. All expenses for your
appearance are your responsibility and not at government expense. The ABCMR
conducts personal appearance boards in the Washington, D.C. area.
13. ABCMR Board Process. The Secretary of the Army appoints senior civilian
employees of the Army to serve as board members for the ABCMR.
Appointment as a board member to the ABCMR indicates a special trust in the
judgment and integrity of the member. Service on the ABCMR is an additional
duty for those appointed. Approximately 120 people serve on the ABCMR.
Random configuration of board members into three-member panels for
consideration of cases is the norm. Panels review cases on a first come, first
served basis. The ABCMR staff members prepare cases for review by the
panels and provide technical advice to the ABCMR panel members.
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The ABCMR panel members review and discuss cases in closed session before
making a recommendation. Evidence provided by the applicant, evidence in the
applicant’s official military records, and laws and regulations are the basis of
ABCMR panel recommendations. When the panel votes on a case, the majority
rules. However, a dissenting member may submit a minority opinion for
consideration. The Deputy Assistant Secretary of the Army (Review Boards),
acting for the Secretary of the Army, approves or disapproves the ABCMR’s
recommendation. The ABCMR process is the highest level of administrative
appeal and provides the final Army decision.
You will receive a letter notifying you of the decision on your request with a
record of the ABCMR proceedings. The ABCMR proceedings explain the
reasons for the decision in your case. If the ABCMR grants relief in your case,
your records will be corrected and finance personnel will review your case to see
if you are due any monetary benefits. If the ABCMR denies your case, you may
apply on a new DD Form 149 for reconsideration as defined in paragraph 16
below or you may file a suit in the civilian court system.
14. How Long Should it Take to Process an Application? The ABCMR
reviews applications in the order in which they are received out of fairness to all.
Due to the large number of applications already on hand and the complexity of
many of the cases, it may be as long as 12 months or more from the date we
receive your application before you receive notification of the decision on your
request. Be assured that the Board will consider your application as soon as
possible and will notify you by mail as soon as a decision is made.
15. How to Check on the Status of an Application? When you submit an
application, you will receive an acknowledgment letter or email. Please allow
sufficient time for processing. From the time you mail an application, it can take
up to 4 weeks before you receive acknowledgement considering time for mail to
come and go and processing time. If you have further concerns, you may email
our customer service office at army.arbainquiry@mail.mil. However, frequent
requests for the status on your case will not alter the processing of your case.
16. Reconsideration of Your Case by the ABCMR. If the ABCMR receives a
request for reconsideration, the ABCMR staff will review the request to determine
if it contains new evidence (including, but not limited to, any facts or arguments
as to why relief should be granted) that was not seen by the ABCMR in its prior
decision. If new evidence has been submitted, the request will be submitted to
the ABCMR for its determination of whether the new evidence is sufficient to
demonstrate material error or injustice. If no new evidence is found, the ABCMR
staff will return the application to the applicant without action.
17. Additional Information. Additional information on the application process
or the ABCMR is available on the Army Review Board Agency's web site at
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http://arba.army.pentagon.mil, in Army Regulation 15-185, from an Army
personnel or human resource office, or from a Veteran’s service organization.
18. You Must Exhaust Administrative Remedies Before You Apply to the
ABCMR. You must exhaust all other administrative remedies before appealing
your case to the ABCMR. For example, if you have a performance evaluation
report or a promotion issue, you must first appeal to the appropriate Department
of the Army Special Review Board or Special Selection Board, for evaluations or
promotions respectively, as specified in the related Army regulations. You must
provide a copy of the documentation showing that you exhausted all other
administrative remedies when submitting your application to the ABCMR. The
ABCMR will consider your case only after you exhaust all other available
administrative appeals or remedies. If you have not first applied for relief through
the appropriate administrative process, the ABCMR will return your application to
you without action.
a. Request for Discharge Characterization Upgrade or Change of
Discharge Reason. If you are requesting an upgrade of your discharge
characterization or a change of reason for a discharge that occurred within the
last 15 years, you must submit a DD Form 293, Application for the Review of
Discharge or Dismissal from the Armed Forces of the United States, to the Army
Discharge Review Board (ADRB). The DD Form 293 is available on the Army
Review Board Agency's web site at http://arba.army.pentagon.mil on the
“Discharge Review” page under application procedures. If the ADRB denies your
request or your discharge occurred more than 15 years ago, you can apply to the
ABCMR on a DD Form 149 for consideration of upgrade of a discharge
characterization or a change of a reason for discharge. However, if your
discharge was directed by a general court-martial order, you must apply directly
to the ABCMR on a DD Form 149 only for consideration of an upgrade of your
discharge characterization or a change of a reason for discharge.
For those applicants requesting upgrade of an under other than honorable
conditions discharge or a general under honorable conditions discharge and cite
PTSD or other behavioral health or traumatic brain injury as a consideration,
should refer to the additional information posted on the ARBA website at
http://arba.army.pentagon.mil/adrb-ptsd.cfm and provide medical records that
support a diagnosis with their application.
b. Request to change an RE (Reenlistment Eligibility) Code on a
Separation Document. Army Regulation 601-210, Regular Army and Army
Reserve Enlistment Program, allows RE code changes only if there is evidence
the incorrect RE code for the reason for separation was entered on the
separation document. No requirement exists to change an RE code to qualify for
enlistment. At the time of enlistment, the enlistment activity may request a
waiver for a disqualifying RE code. However, under current enlistment
standards, the Army is granting very few such waivers.
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c. Changes to a Court-Martial. The ABCMR may not disturb the finality of
a court-martial. It may not retry elements of, or arguments presented before a
court-martial or an appeal to a court-martial. It may not change the findings of a
court-martial. The ABCMR may only consider clemency on the court-martial
sentence when adequate evidence submitted warrants such a consideration.
Clemency may allow a change in the character of the discharge or the sentence.
d. Removal of Titling (Arrest Records). Former Soldiers can apply to the
U.S. Army Crime Record Center (CRC) to request the removal of titling (arrest
records) from Army Records and FBI Records. The former Soldier needs to
send a letter of request with his/her signature and a photo copy of his/her Photo
ID Card such as a driver's license. Also include with the letter a photo copy of
any documents relative to the titling and evidence that charges were dismissed
and the former Soldier was not convicted of the charges. Mail all to U.S. Army
Crime Records Center, Attention: FOIA, 6010 6th Street, Fort Belvoir, VA 22060.
If the CRC denies the former Soldier’s request, then application can be made to
the Army Board for Correction of Military Records using the DD Form 149 or
online application on the Army Review Board Agency's web site at
http://arba.army.pentagon.mil to request removal of the titling. Include with the
application a photo copy of all documents sent to the CRC and the reply from the
CRC.
e. A Higher VA Disability Rating Does Not Mean the Army Discharge
Disability Rating is Wrong. Title 38, United States Code, Sections 1110 and
1131, permit the Department of Veterans Affairs (VA) to award compensation for
disabilities which were incurred in or aggravated by active military service.
However, an award of a higher VA rating does not establish error or injustice in
the Army rating.
(1) The Army rates only conditions determined to be physically
unfitting at the time of discharge which disqualify the Soldier from further military
service. The Army disability rating is to compensate the individual for the loss of
a military career. The VA does not have authority or responsibility for
determining physical fitness for military service. The VA awards disability ratings
to Veterans for service-connected conditions, including those conditions detected
after discharge, to compensate the individual for loss of civilian employability. As
a result, these two Government agencies, operating under different policies, may
arrive at a different disability rating based on the same impairment. Unlike the
Army, the VA can evaluate a Veteran throughout his or her lifetime, adjusting the
percentage of disability based upon that agency's examinations and findings.
(2) One common misconception is that all Veterans can receive both a
military retirement for physical unfitness and VA disability compensation. Not all
retirees with disabilities are entitled to payment of both military retired pay and
Veteran's disability compensation. By law, most Veterans are compensated only
from one source for a disability. If a Veteran is receiving VA disability
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compensation, and the ABCMR corrects the records to show that a Veteran was
retired for physical unfitness, the Veteran may have to choose between the VA
compensation and the military retirement. Normally, the VA compensation is
more advantageous for lower graded Soldiers and military retirement is more
advantageous for higher graded Soldiers. You should consult with a Veterans
Affairs counselor or Veterans services counselor to assess your individual
entitlements.
f. Change of Name or Gender. If you need a certificate to show your
current name or gender and that you served in the military under another, you
can request such from the National Personnel Records Center, Military
Personnel Records, 1 Archives Drive, St. Louis, MO 63138. See the following
website for additional information – http://www.archives.gov/Veterans/military-service-
records
The Board will consider applications for name changes to the DD214 to correct
an error or remove an injustice. The applicant must provide justification
demonstrating that they were a victim of an error (i.e., genuine error) or that
having their former name on their DD-214 causes an injustice (e.g., due to a
divorce or their transgender status). A signed and authenticated court order
providing proof the applicant's name was legally changed should accompany the
application. As with all applications to the Board, each application for a name
change will be considered on its own merits.
g. Replacement Military Awards. For replacement medals, you may write
to the National Personnel Records Center, to the attention of Customer Service
to request replacement medals and certificates. Please provide them copies of
your separation and discharge documents with your request as well as orders for
award of the medals if you have them.
h. Requests for Award of the Army Achievement Medal, Army
Commendation Medal, Air Medal, Meritorious Service Medal, the Bronze
Star Medal, Soldier's Medal, Distinguished Flying Cross, Legion of Merit,
Silver Star, Distinguished Service Cross, and the Medal of Honor.
(1) Public Law, Title 10, United States Code, section 1130, permits a
waiver of statutory or regulatory timelines so the Army can consider: a request for
a decoration you received to be upgraded to a higher award; a request for award
of a decoration you were submitted for, but did not receive; or a request for
award of a decoration you believe you deserve but for which you were not
recommended.
(2) A request for an award that exceeds timelines must be submitted
on a DA Form 638, Award Recommendation, with supporting documents and
witness statements, through your Congressman for consideration by the Army
Decorations Board. The witness to the act completes a DA Form 638, or, the
applicant can complete this form. A DA Form 638 can be obtained from a
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military Human Resource Office or online at http://www.apd.army.mil under
“Forms.”
(3) The address for the Army Decorations Board is: U. S. Army
Human Resources Command, Military Awards Branch, 1600 Spearhead Div Ave,
AHRC-PD, Fort Knox, KY 40122-5400. You can see additional information on
their website at
https://www.hrc.army.mil/TAGD/Awards%20and%20Decorations%20Branch
under “The Adjutant General”,
(4) You may apply to the ABCMR for award or upgrade of a
decoration ONLY AFTER the Army Decorations Board has made a decision on
the DA Form 638.
i. Requests for Award of Service Medals, Badges, the Purple Heart,
and Other Awards.
(1) You may request the record be corrected to show that you were
awarded service medals, badges, the Purple Heart, and other awards not listed
in paragraph g above by submitting a DD Form 149 to the ABCMR. You must
include supporting documentation and evidence to justify the award.
(2) Award of the Purple Heart is made to Soldiers wounded, injured, or
killed from an outside force or agent as a result of an action against an enemy or
an act of any such enemy. Record of medical treatment by medical personnel as
a matter of official record for the wounds or injuries received in action for which
the recommended award is required. Army Regulation 600-8-22, Military
Awards, provides the criteria for the award of the Purple Heart. You can view
this Army Regulation online at http://www.apd.army.mil under “Publications”,
“Administrative Publications.”
j. Advancement on the Retired List to the Highest Grade Held.
According to Public Law, Title 10, United States Code, section 3964, enlisted and
warrant officer retirees who satisfactorily held a higher grade on active duty, may
apply for advancement to that grade on the retired list when their total years of
service, including years of service on the retired list, equals thirty years. This
applies to members of the Regular Army and to Reserve and National Guard
members of the Army who were serving on active duty or full time duty at the
time of retirement. Commissioned officer retirees are not eligible.
(1) In order to be advanced on the retired list to the highest grade
satisfactorily held, you must have been promoted to and paid in that higher
grade, and served at that higher grade for the required statutory or regulatory
period of time. Merely serving in an acting status or holding a position or job title
authorized a higher grade is not sufficient. If you were an enlisted member or a
warrant officer, and also held a Reserve officer commission, you may be eligible
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for advancement on the retired list if you served on active duty in that higher
commissioned officer grade for the required statutory or regulatory period of time.
For example, if a retired E-7, during his or her twenty or more years of active
duty, also served on active duty in his or her Reserve status for more than thirty
consecutive days as a W-1 through W-5, or at least six months as an O-1
through O-4, or at least three years as an O-5 or above, then he or she could
apply for advancement on the retired list.
(2) For Regular Retirees, application for this advancement may be
made by letter as shown in figure 3-1 of Army Regulation 15-80, Army Grade
Determination Review Board and Grade Determinations. Mail the letter and
required documentation to the Army Grade Determination Review Board, Army
Review Boards Agency, 251 18
th
Street South, Arlington, VA 22202-3531. Army
Regulations are available on the Army Publications Directorate website,
http://www.usapa.army.mil under “Publications”, “Administrative Publications.”
(3) For Non-Regular Retirees. For those receiving a non-regular
retirement from the Reserve Component, Army Regulation 135-180, Qualifying
Service for Retired Pay Non-regular Service, paragraph 2-11c, authorizes the
U. S. Army Human Resources Command-St. Louis to make final determination
on the highest grade held satisfactorily. If you are receiving a non-regular
retirement and you were reduced for reasons such as a downgrade of your
position or a reduction in rank caused by a reduction in force, you should write to:
Commander; U. S. Army Human Resources Command, 1600 Spearhead Div
Ave, AHRC-PAP-T, Fort Knox, KY 40122-5400. Your letter should explain the
circumstances surrounding your promotions and demotions, the grade at which
you retired, the highest grade you held, the date of your retirement, and your
social security number. You should also include a copy of any supporting
documentation that you may have, such as promotion orders, reduction orders,
and DD Forms 214. Please include your full name, social security number and if
applicable, your service number.
(4) Medically Retired or Separated in a Lower Grade. If you were
medically retired or separated in a lower grade without the benefit of a review by
the Army Grade Determination Review Board (AGDRB), then you should apply
for correction of military records. Complete a DD Form 149 and mail it, along
with a copy of any relevant documents, to the address listed on the back of the
DD Form 149. The ABCMR has jurisdiction to correct errors or injustices, and
can act in place of the AGRDB in these cases. Further, the ABCMR reviews
cases involving Soldiers who were never promoted to or held a higher grade
while on active duty, but who believe they were denied a promotion or were not
placed on the retired list in the appropriate grade due to some error or injustice.
In these cases, make application to the ABCMR, using a DD Form 149, and
include any documentary evidence supporting the specific contention of error or
injustice.
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(5) When to Apply for Advancement on the Retired List. The
revised Army Regulation 15-80 no longer requires waiting until you reach your
thirty-year mark before you can apply unless the reduction was caused by
misconduct, inefficiency, or for cause. In fact, for people currently on active duty,
when applying for retirement, an AGDRB will convene, if applicable, before they
retire (unless the reduction was caused by misconduct, inefficiency, or for
cause). However, if approved, advancement on the retired list will not occur until
you reach the thirty-year mark. You may apply immediately with the
understanding that the advancement on the retired list will not take place until
you reach the thirty-year mark. Additionally, if you retired after August 12, 2002,
without the benefit of an AGDRB determination of your eligibility for
advancement, then you can apply immediately, unless the reduction was caused
by misconduct, inefficiency, or for cause, in which case you must wait until the
thirty-year mark to apply.
(6) How to Apply for Grade Determination. If you qualify under Title
10, U. S. Code, Section 3964, you should request a review by the AGDRB (see
AR 15-80 for a sample letter). Mail your letter to the Army Grade Determination
Review Board, Army Review Boards Agency, 251 18
th
Street South, Arlington,
VA 22202-3531. The AGDRB, consisting of three field grade officers, will
convene to determine the highest grade you served satisfactorily while on active
duty. Since you are not entitled to personally appear before the AGDRB, attach
a copy of any documents relevant to your case.
(7) If the AGDRB determines that you should be advanced on the
retired list, your resulting increase in retired pay will be retroactive to the date you
became eligible; that is, the thirty-year mark, not back to the date of retirement or
the date of your application. The thirty-year mark is the date you accumulated
thirty years of combined active duty service and time on the retired list. Active
duty service does NOT include Section 1405 service.
k. Correction of Retirement Points. Detailed information about
requesting correction of retirement points accounts can be found on the U. S.
Army Human Resources Command website, https://www.hrc.army.mil under
"The Adjutant General”, “Soldier Programs and Services Division”, “Point
Corrections” under Retirement Points. If you have an Army Knowledge Online
(AKO) account, click on “Self Service” and “My Personnel”, it will take to HRC
website where you can click to the same location to access your retirement
points account, print copies of your ARPC Form 249-2-E, Retirement Points
Statement, and check on the status of retirement point corrections that have
been submitted.
(1) Individual Mobilization Augmentees (IMA), Individual Ready
Reserve (IRR) (including RTU), Active Guard Reserve (AGR), and Army Reserve
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Element (ARE - formerly JRU, Joint Reserve Unit) Soldiers must submit
retirement point correction documents to their Regional Support Team (RST) at
HRC-St. Louis. Contact information for RSTs are located on the above web site.
To assist the retirement points analyst in making changes to your point account,
provide proof of one or more of your performance documents (training records or
pay records).
(2) Troop Program Unit (TPU) Soldiers must have their retirement
point accounts updated/corrected by their Unit Administrators. Unit
administrators submit corrections by electronic transactions through the Regional
Level Application Software (RLAS) to Retirement Points Accounting System
(RPAS). To assist your Unit Administrator in making changes to your point
account, provide proof of one or more of your performance documents (training
records or pay records).
(3) If you are a Gray Area Retiree (not drawing retired pay, not age
60), you must submit a written request for correction of your retirement points, to
include supporting documentation, to the appropriate Regional Support Team
(RST) at HRC-St. Louis. Contact information for RSTs is located on the above
web site. For information about retirement pay process, visit the HRC website for
information https://www.hrc.army.mil under "The Adjutant General”, “Soldier
Programs and Services Division”, “Point Corrections” under Retirement Points.
under "Retired Pay Processing - Ensuring Timely Processing."
(4) National Guard (NG) Soldiers have their retirement points recorded
in a separate retirement point accounting system. Upon retirement, NG Soldier
points do not automatically go into RPAS. The NGB Form 23 is used as a record
of the NG duty performed by a Soldier. Before a former or retired member of the
National Guard can start to draw retired pay, he or she must submit a retired pay
certification packet (including a summary of all retirement points earned while in
the National Guard) to the HRC-St. Louis Retired Pay Office. Upon certification
of retired pay, HRC-St. Louis forwards the certification to the Defense Finance
and Accounting System (DFAS).
l. Combat Related Special Compensation (CRSC). Application for CRSC
by former Soldiers must first be made to the CRSC Board. Complete information
on applying and application can be found on their website
https://www.hrc.army.mil under "Special Programs” and “CRSC.”
CRSC is for military retirees only. Widows/widowers of military spouses or other
family members are not eligible to receive this compensation.
There are two CRSC programs: CRSC I which began 1 June 2003 and CRSC II
which began 1 January 2004 to offer compensation for a larger group of combat-
disabled retirees. Eligibility requirements are as follows:
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CRSC I
- Retired with at least 20 years of Active Duty or 7200 Reserve Service
Points.
- Have a VA disability rating of 60-100% or 10% associated with a Purple
Heart.
- Drawing retirement pay.
- Receiving VA disability pay.
Those who meet all of these CRSC I requirements are eligible to receive
payment retroactive to 1 June 2003 or the date they are fully eligible.
CRSC II
- Retired with at least 20 years of Active Duty or a 20-year Retirement
Letter and is at least age 60.
- Have a VA disability rating of 10% or higher.
- Drawing retirement pay.
- Receiving VA disability pay.
Those who meet all of these CRSC II requirements are eligible to receive
payment retroactive to 1 January 2004 or the date they are fully eligible.
If a former Soldier has been denied under CRSC I, they must apply under
CRSC II before they can apply to the ABCMR. If the former Soldier feels that
there is an error or injustice in your military record or in the CRSC decision that
has resulted in the denial of the CRSC, they may apply for a correction of their
military records on a DD Form 149. A copy of the CRSC decision and
documents or evidence to prove that an error or injustice exists should be
included with the DD Form 149.
19. Answers to Frequently Asked Questions.
Question: Where can I get replacement military awards?
Answer: For issuance or replacement award medals or certificates by
submitting a Standard Form 180 (SF180) to the National Archives and Records
Administration (NARA), National Personnel Records Center (NPRC), Military
Personnel Records Section, 1 Archives Drive, St. Louis, MO 63138. See their
website for more information at http://www.archives.gov/st-louis > Military
Personnel Records > Replacing Awards and Decorations (right side bar).
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Question: Is it necessary to submit a request for correction of records
(DD Form 149) through an intermediate level review before submitting an
application to the Army Board for Correction of Military Records (ABCMR)?
Answer: Applications for Correction of Military Records, DD Form 149, are
submitted directly to the Army Board for Correction of Military Records (ABCMR).
However, all administrative remedies available at lower levels of the Army as
outlined in Army regulations must first be exhausted before an application will be
considered by the ABCMR. Examples of exhausting administrative remedies are
appealing evaluation reports, appealing unfavorable information in the personnel
records, or requesting discharge review in accordance with applicable
regulations. Applicants should provide with their DD Form 149 a copy of
decisions from such administrative applications.
Question: I have a mandatory separation date approaching. Can the
ABCMR suspend this action while my application is under review?
Answer: No. Other personnel actions are not delayed or suspended when an
application is submitted to the Army Board for Correction of Military Records
(ABCMR) for consideration. If the Board approves a correction that will affect a
decision that was made during that period, the Board upon your request will also
review the subsequent personnel action. However, it is your responsibility to
ensure the ABCMR is aware of a pending retirement or separation date.
Question: Who will know about my case?
Answer: Submission of an application is a private matter between the applicant
and the Army Board for Correction of Military Records (ABCMR). Only the
applicant and those who the applicant authorizes in writing, such as counsel, will
know about the case. However, if the Board requests an advisory opinion on an
application from other government agencies, the application information will be
shared with that agency and the applicant will be provided a copy of the advisory
opinion for review and comment prior to the board making a decision on the
application. Under all circumstances, further release of information will be
governed by the Privacy Act to protect the applicant’s information.
Question: Who receives copies of the case decisional documents?
Answer: Copies of the Army Board for Correction of Military Records (ABCMR)
decision document and the Record of Proceedings are furnished to the applicant
or the applicant's counsel. If a correction to military records is approved, the
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decision from the Board will be furnished to the appropriate agency to make the
necessary corrections. A copy of the decision is placed in the restricted section
of the applicant’s official military personnel record.
Question: How long will it take to get paid if the Army Board for Correction
of Military Records (ABCMR) grants a correction that affects my pay?
Answer: When the ABCMR determines that a correction is justified, it directs the
responsible agency to make the necessary changes to the Army record. Once
those changes have been made, that agency will notify the Defense Finance and
Accounting System (DFAS) to make the necessary pay adjustments, if any. The
ABCMR also notifies DFAS of the pending change so it can monitor the any
necessary pay adjustments. These actions normally take 3-4 months to
complete after the Board’s decision is published, depending on the number of
agencies that must make corrections and the workload of the affected agencies
and DFAS.
Question: Can I receive compensation (damages) from the Army Board for
Correction of Military Records (ABCMR) based on a substantiated injustice
I suffered?
Answer: No. Claims against the U.S. Government for damages or
compensation must be presented to the Army Claims Service or appropriate
Federal court.
Question: If my command failed to pay me authorized Incapacitation Pay
before I was separated from the Army, can the Army Board for Correction
of Military Records (ABCMR) pay me the Incapacitation Pay I am due?
Answer: Incapacitation Pay must be paid to a Soldier before the Soldier is
separated. When Incapacitation Pay is authorized and approved prior to
separation but is not paid to the Soldier before separation, the separated Soldier
can apply to the Army Board for Correction of Military Records (ABCMR). Please
provide copies of all relevant military and medical records in your possession to
include your Incapacitation Pay claim packet, and any other evidence to support
your request.
Question: If the Department of Veteran Affairs (VA) give me a higher VA
disability rating, does that mean my Army discharge disability rating is
wrong?
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Answer: An award of a higher VA rating does not establish error or injustice in
the Army disability rating or type of discharge at the time of separation.
The Army rates only conditions determined to be physically unfitting at the time of
discharge which disqualify the Soldier from further military service. The Army
disability rating is to compensate the individual for the loss of a military career.
The VA does not have authority or responsibility for determining physical fitness
for military service.
The VA awards disability ratings to Veterans for service-connected conditions,
including those conditions detected after discharge, to compensate the individual
for loss of civilian employability.
As a result, these two Government agencies may arrive at different disability
ratings based on the same impairment. Unlike the Army, the VA can evaluate a
Veteran throughout his or her lifetime, adjusting the percentage of disability
based upon that agency's examinations and findings.
Question: If I have Post Traumatic Stress Disorder (PTSD), PTSD like
symptoms, or Traumatic Brain Injury (TBI) as a result of military service,
can I get a discharge upgrade?
Answer: Veterans who served before Post Traumatic Stress Disorder (PTSD) or
Traumatic Brain Injury (TBI) were recognized diagnoses, including those who
served in the Vietnam theater, and received an “Under Other Than Honorable
Conditions (UOTHC)” discharge, and cite PTSD as a contributing factor in their
separation, can apply for consideration of an upgrade of their UOTHC discharge.
They should provide with their application any relevant medical records from their
military medical records, VA medical records, and civilian medical records.
If they were discharged within the last 15 years, they can apply to the Army
Discharge Review Board (ADRB) for a discharge review. If their discharge was
more than 15 years ago, they can apply to the Army Board for Correction of
Military Records (ABCMR) for a discharge review. Application to the ADRB or
ABCMR can be made on a DD Form 149 or DD Form 293 available at
http://arba.army.pentagon.mil in a .pdf fillable format. Please provide, with the
application, copies of any medical records, including military and Department of
Veteran Affairs medical records, or evidence documenting the PTSD.
On 3 November 2014, Army Directive 2014-28 (Requests to Upgrade Discharge
by Veterans Claiming Post Traumatic Stress Disorder) implemented the
Secretary of Defense’s supplemental guidance (3 September 2014) to the
Boards for Correction of Military Records (BCMR) for reviewing cases where
Veterans request to upgrade their “Under Other Than Honorable Conditions
(UOTHC)” discharges and cite PTSD as a contributing factor in their separation.
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The instructions direct liberal consideration to evidence of PTSD symptoms in the
service record or in a diagnosis provided by civilian providers and special
consideration of a Department of Veterans Affairs diagnosis of PTSD or PTSD-
related conditions. However, Boards will exercise caution in weighing evidence
of PTSD related mitigation in cases in which serious misconduct precipitated a
discharge with a characterization of service of under other than honorable
conditions, carefully weighing any potential mitigation against the severity of the
misconduct.
Question: Will the Board consider my post service conduct and my entire
service record when considering my application for a discharge upgrade?
Answer: The Under Secretary of Defense issued a memorandum on 20 July
2018 providing guidance in determining if relief is warranted for applicants to the
Boards on the basis of equity, injustice, or clemency. The guidance stipulated
that each case would be assessed on its own merits. The guidance directed
Boards to also consider:
a. The applicant’s full military record of conduct and performance.
b. Positive and negative post-service conduct.
c. Positive and negative conduct following misconduct.
d. Severity of the misconduct.
e. Evidence of rehabilitation.
f. Meritorious service in government or other endeavors.
g. Evidence of character and reputation of the applicant.
h. Sworn testimonies of applicants and witnesses.
i. Extenuating or mitigating circumstances.
The full text of the 20 July 2018 memorandum form the Under Secretary of
Defense, subject: Guidance to Military Discharge Review Boards and Boards for
Correction of Military /Naval Records Regarding Equity, Injustice, or Clemency
Determinations can be viewed on the website http://arba.army.pentagon.mil ,
Correction of Military Records, under Publications at the bottom of the page.
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Question: How can a discharge for Homosexual Conduct be corrected
under the “Don't Ask, Don't Tell” policy?
Answer: The Don't Ask, Don't Tell (DADT) policy concerning homosexual
conduct in military service was repealed by Congress on 20 September 2011.
Soldiers who were discharged for Homosexual Conduct within the last 15 years
can apply to the Army Discharge Review Board (ADRB) for a discharge review.
If they were discharged for Homosexual Conduct more than 15 years ago, they
can apply to the Army Board for Correction of Military Records (ABCMR) for a
discharge review. Application to the ADRB or ABCMR can be made on a
DD Form 149 or DD Form 293 available at http://arba.army.pentabon.mil in a pdf
fillable format.
The Boards will consider changes to the reason for discharge, characterization of
service, and re-entry eligibility code (RE code). The Boards will review and take
into consideration the Soldier’s full military record and any misconduct associated
their separation. The RE code may only be changed if the reason for discharge
is changed. A change of RE code is not required to enlist for former Soldiers
who were honorably discharged for the reason of Homosexual Conduct. For
more information on the RE code and its relation to enlistment, please see the
Q&A on the subject in this document.
Former Soldiers who were discharged solely for being homosexual may apply to
re-enter the Armed Forces. There is no need to request a change of the RE
code from the ADRB or ABCMR if the former Soldier received an honorable
discharge. All they have to do is see an Army recruiter.
They will be evaluated according to the same criteria and Service requirements
applicable to all prior-service members seeking re-entry into the military. There
will be no preferential treatment for service members separated solely under Title
10, U.S. Code, section 654, and its implementing regulations. They will be
processed as any other re-accession applicant under Service policies. Services
shall continue to consider a service member's previous performance and
disciplinary record when determining suitability for re-entry.
The Services may waive re-entry codes on DD Forms 214 that are based upon
separations under Title 10, U.S. Code, section 654, and its implementing
regulations. Applicants will then be processed on a case-by-case basis in
accordance with Service policies. For example, former Soldiers who were
separated with an honorable discharge (or an uncharacterized discharge for
those occurring during initial training), and who have a separation code in their
records reflecting a separation under Title 10, U.S. Code, section 654, and its
implementing regulations, shall be considered for re-entry according to the most
favorable re-entry classification.
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The Army's operational requirements will continue to dictate re-accession criteria.
Characterizations at separation (Honorable, General Under Honorable
Conditions, and Under Other Than Honorable Conditions) are based upon the
service member's whole military service and conduct.
Remedies such as correcting a record to reflect continued service with no
discharge, restoration to a grade or position, credit for time lost, or an increase in
pay from no separation pay to half or full separation pay or from half separation
pay to full separation pay will not normally be appropriate corrections since these
actions were taken under DADT law and regulations in effect at the time.
The DADT policy, enacted by Congress on December 21, 1993 and repealed
effective September 20, 2011, was the law during that period of time. The Army
Regulations implementing various aspects of DADT policy were valid regulations
during that period.
DADT's repeal may be a relevant factor in evaluating an application under
current standards (such as requests to change the narrative reason for a
discharge, requests to re-characterize the discharge to honorable, and/or
requests to change the RE Code to an immediately-eligible-to reenter category).
However, the issuance of a discharge under DADT or the taking of an action
pursuant to Army regulations related to a discharge under DADT during the
period they were in effect does not by itself constitute an error or injustice that
would invalidate an otherwise proper action taken pursuant to DADT and
applicable DoD policy in effect at the time.
Therefore, remedies such as correcting a record to reflect continued service with
no discharge, restoration to a previous grade or position, credit for time lost, or
an increase from no separation pay to half or full separation pay or from half
separation pay to full separation pay will not normally be appropriate corrections.
For questions on benefits, please contact a representative of the Department of
Veterans Affairs.
For questions on enlistment, please contact an Army recruiter.
Question: Can I change my name or gender on my military records after I
am discharged?
Answer: The Board will consider applications for name changes to the DD214
to correct an error or remove an injustice. The applicant must provide
justification demonstrating that they were a victim of an error (i.e., genuine error)
or that having their former name on their DD-214 causes an injustice (e.g., due to
a divorce or their transgender status). A signed and authenticated court order
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providing proof the applicant's name was legally changed should accompany the
application. As with all applications to the Board, each application for a name
change will be considered on its own merits.
Question: Can my reentry eligibility (RE) code be changed?
Answer: The RE code (Reentry Eligibility code) is determined by the reason for
separation, not the character of separation (honorable, general, or under other
than honorable).
The RE code is not changed or upgraded solely to allow enlistment (reentry into
the service). Soldiers separated with an RE-3 or RE-4 code must seek a waiver
from a recruiter to enlist.
Depending on the type of discharge and disqualification, a waiver may not be
possible.
According to Army Regulation 601-210, Active and Reserve Components
Enlistment Program, the Reentry Eligibility (RE) code can only be changed if an
incorrect code was entered for the reason for separation. For this type of
correction, please send a letter and a copy of your DD Form 214 to the following
address requesting the correction:
Commander
US Army Human Resources Command
Attention: Retention Branch (AHRC-EPF)
1600 Spearhead Division Drive, Dept 365
Fort Knox, KY 40121
If the Human Resources Command denies your request and you can provide
evidence that the RE code is erroneous or unjust, you may apply to the Army
Board for Correction of Military Records (ABCMR) for a correction of the RE
code.
On the “Correction of Military Records” page on the Army Review Boards Agency
website (http://arba.army.pentagon.mil ), click on the Application Procedures for
information on how to apply to the Army Board for Correction of Military Records
(ABCMR).
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Question: If an Inspector General (IG) Whistleblower investigation
substantiates that a prohibited personnel action occurred, and an applicant
to the Board provides to the contrary, can the Board change the IG finding
or have the IG investigation removed from the record.
Answer: The Military Whistleblower Protection Act (MWPA) was enacted to
prohibit individuals from restricting members of the armed forces from
communicating with higher officials about unlawful activities and from retaliating
against members of the armed forces as reprisal for making or attempting such
communications. The statute provides a fairly comprehensive process regarding
how reprisal allegations are to be reported, investigated, and redressed. The
statute assigns investigatory and oversight functions between and among the
Inspectors General of the Military Departments and the Inspector General of the
Department of Defense. The statute's objective is to prevent supervisors from
restricting subordinates' protected communications and from reprising against
subordinates for engaging in protected communications. Such objectionable
behavior is generally referred to as a prohibited personnel action.
Congress has restricted Secretarial authority to change MWPA investigative
reports. The National Defense Authorization Act for Fiscal Year 2017 (NOAA 17)
made a number of amendments to the MWPA. In its Joint Explanatory
Statement regarding the bill, the Congressional Conference Committee provided
insight into the legislative intent of the amendments. In a section of the report
titled "Modification of whistleblower protection authorities to restrict contrary
findings of prohibited personnel action by the Secretary concerned," the
committee wrote that the amendments were intended to clarify that when the
Secretary of a military department concerned receives a report from an inspector
general that substantiates that a prohibited personnel action occurred, the
Secretary may consider whether to take corrective action BUT MAY NOT make a
determination in such cases that a prohibited personnel action did not occur.
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SERVICE ORGANIZATIONS
Contact information for Veterans Service organizations and Veteran Service
Offices can be found at the websites listed below. They can provide counseling,
advice, representation, and other assistance to Veterans submitting applications
to the Army Board for Correction of Military Records.
Veterans and Military Service Organizations
https://www.va.gov/vso/VSO-Directory.pdf
Department of Veterans Affairs State/Territories Offices
http://www.va.gov/statedva.htm
Department of Veteran Affairs
http://www.va.gov
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