BCMR & DRB Defense Lawyer
Finding an Attorney for Discharge Review Boards
Within 15 years of the date of discharge, former military members can petition to have the characterization of service, narrative reason for separation, and RE codes upgraded or changed. Applicants are required to submit a DD Form 293 along with supporting evidence. Petitions outside that time window should be directed to the Board for the Correction of Records of the respective branch of service. Service members and former service members can seek such upgrades or changes on their own, or with the assistance of legal counsel.
Contact our firm today. Turn to a former Marine military judge with more than 30 years of legal experience.
YOUR RIGHTS
Correction of Military Records
Each service branch has its own administrative review board for military members and veterans in need of amending their records to correct an error or remove an injustice. The Air Force, Army, and Coast Guard have their own service Board for the Correction of Military Records. The Board for the Correction of Naval Records is the proper agency for a petition from a service member who is serving, or has served, in the Marine Corps or Navy. These boards for correction function as the highest level of administrative review in their respective services and applicants are required to exhaust all other avenues of relief before applying, otherwise a petition can be denied solely on that basis.
Applicants must submit a completed DD Form 149 (with supporting evidence) for consideration. There are rules governing the proper format and content of petitions. Petitioners should carefully study the instructions by the board, or rely upon the sound guidance of an attorney experienced in submitting these petitions, to ensure that a petition is not rejected for failure to follow instructions.
Common Types of Matters the Boards for Correction Can Address:
- Discharge characterizations, usually after a (former) servicemember seeks redress through the Service's Discharge Review Board
- RE and discharge code changes
- Change the Narrative Reason for Separation
- Reinstate applicant into service
- Enter applicant into Disability Evaluation System for medical separation/retirement
- Change of name or gender
- Replacement of awards and medals
- Remove performance evaluation reports
- Any other injustice during military service that be addressed by a correction to that (former) servicemember's records
WHY CHOOSE THE LAW OFFICE OF PATRICK J. MCLAIN?
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Former Federal Prosecutor & Military Judge
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Over 3,500 Cases Successfully Handled
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Our Firm is Top-Rated & Award-Winning
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Over Two Decades in the U.S. Marine Corps
What is the Time Limit for a Correction Request?
Correction requests must be made within three years after claimant discovers the error or injustice. Requests made outside that time window can be considered untimely and denied on that basis alone, although the boards are also able to grant relief outside that time window if they find it to be in the interest of justice.
Criteria and Burden of Proof
There is a presumption of regularity that governs military records, meaning that whatever is currently in the record is presumed to be accurate. Therefore, the burden of proof falls on the petitioner. The petitioner must prove that it is in the interest of justice to correct a record. It is important to note that these boards will decide cases based on the evidence provided in the servicemember's record and that evidence attached to the petition. These boards are not investigative bodies and will not contact witnesses or seek out evidence on the applicant's behalf. Therefore, it is wise to engage the services of an experienced attorney who can assist an applicant in submitting the strongest possible case.
OUR CLIENTS SAY IT BEST
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"Amazing lawyer who fights for you!"A tremendous lawyer in a time of need. After being accused of conduct unbecoming an officer for personal conduct while off duty, I hired Mr. McLain to help me through the process. He diligently worked behind the scenes to make sure my voice was being heard. Despite my inability to listen to his direction early on, Mr. Mclain was patient and continued to fight on my behalf. Mr. McLain helped me win at a board of inquiry with no other disciplinary action. A sincere man, who is dedicated to his clients. Would strongly recommend and is a great asset to military clients everywhere.- Former Client
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"The best lawyer to defend military personnel."The Law Office of Patrick J. McLain helped me through the most difficult experience in my life. As a Marine Officer facing an upcoming board of inquiry for conduct issues, I was afraid of losing my career. Attorney McLain gave great legal advice through the process and reached out many times to see how I was doing. A great lawyer and better person, Mr. McLain helped me become successful in my board of inquiry and keep moving forward in my career. His military experience and personal qualities make him the best lawyer to defend military personnel.- Jonathan
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"Thanks to him I am now able to get on with my life."
It took some time to make it happen, but it did just like Patrick said, he is a hard charging guy that can help you get what you deserve, Thanks to him I am now able to get on with my life.
- Chip -
"Made me feel like the most important client."They completely cared, took my case personally, always made me feel like the most important client, and were knowledgeable on all subjects. I give the Law Office of Patrick J. McLain, PLLC the highest rating possible and totally recommend them.- Mike
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"I was entirely impressed with mclain’s work on my case."
I called McLain when the military charged me with some B.S., McLain immediately jumped into action and made things happen in my favor. Don't do it alone … your military chain of command will try to make you think that your cooperation will help you, it will NOT. I was entirely impressed with McLain's work on my
- Chris C. -
"I highly recommend Brad Sauer and the entire team"I had an outstanding experience working with Brad Sauer. From start to finish, Brad was professional, knowledgeable, and incredibly dedicated to my case. He took the time to thoroughly explain my options, kept me informed throughout the process, and always made sure I felt supported. His expertise and attention to detail made a significant difference, and I couldn’t have asked for better representation. I highly recommend Brad Sauer and the entire team at the Law Office of Patrick J. McLain to anyone in need of top-tier legal assistance.- Anne
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"He is a hard worker and will fight for you the moment you choose him to be on your team!"
My husband hired Patrick for his summary court martial and Patrick and his team were there every step of the way. They communicated everything they needed and were even there when either me or my husband had any questions. He is a hard worker and will fight for you the moment you choose him to be on your team!
- Angela -
"I won my military case due to his diligence, knowledge and experience in military law."
I cannot recommend Patrick highly enough. I won my military case due to his diligence, knowledge and experience in military law. Had I proceeded on my own, I would have lost, for the process was simply too complex. When working with Patrick, there was never a time when I felt left in the dark on my case, nor a time when his assessments and instructions were unclear. Should you be in any difficult circumstance, Patrick will work his tail off for you and keep you clearly informed on the status of your case. Again, I highly recommend the services of Patrick McLain.
- Dan C.
STAY UP TO DATE
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Navigating a Court-Martial: What to Expect and How to Prepare
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