I filed a request to a board to remove something in my file and they denied it. What now?

If at some point in your military career a commander has filed a written reprimand or non-judicial punishment in your permanent file, chances are it is still sitting in your file. It interferes with promotion and sometimes may prevent you from getting a fresh start everywhere you go. It is a problem and there is something you can do about it. You can file a request with the appropriate service board to have this “bad paper” removed. The Department of the Army Suitability Evaluation Board (DASEB), for example, is set up specifically to reevaluate whether that bad paper should be removed from your file or stay in your file. The Navy, AF and CG all have equivalent Boards. These boards are made up of a group of human beings. They are willing to listen to your side of the story and can be quite helpful to your career. What do you do if your request is denied by this board? There are options. First, you may submit a request for reconsideration to this board. If you do this, however, you really need to submit some sort of new evidence with this supplemental request. Without new evidence, this board will most likely deny your request again. If you have new evidence, this board will certainly consider it. If the board then denies your request for reconsideration, you can consider submitting your request to the appropriate service Board for Correction of Military Records. This is a second set of human beings ready to listen to your specific circumstances. Most people in the military or retired from the military have heard of the Board for Correction of Military Records (BCMRs). There are three of them, representing the Army, Navy and Air Force. What people may not know is what the members of these boards can do. The members of the BCMRs have extensive authority. If you are able to convince the board that an error or injustice exists in your records, there is almost no limit to their ability to change your military records. Therefore, along with other things, this board can remove the reprimand or non-judicial punishment that the first board refused to remove. In my opinion, it is usually worth it to try with this board if you are denied by the first board. The worst they can say is no. I have a lot of experience submitting requests to all boards to include the BCMRs. If you feel that an error or injustice has occurred and your military records need to be changed give me a call. To speak to an experienced court-martial and military defense attorney, call Bill Cassara at 706-860-5769 for a free consultation.

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William E. Cassara- Military Law Attorney

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