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If you’re a US military veteran and believe that your military records contain either errors or derogatory information that is impacting you, you should consider applying to the Board for Corrections of your military branch to have this information corrected or removed. Having the assistance of an experienced and knowledgeable attorney can be invaluable.

Please note that while there is a time limit on filing requests such as these, there are circumstances in which the board for corrections may consider an untimely request because an injustice demands it. Let us ensure that your side of the story is heard.

We can assist with the following:

Discharge Upgrade (characterization of service)

The characterization of your military service is the key to certain benefits, such as the Post 9-11 GI Bill, Montgomery GI Bill, VA Home Loan, VA Disability Compensation, and more.

Each of the branches routinely separate service members for various reasons. Those reasons often include some type of infraction, but it could ultimately be any of the following: Misconduct; Unsatisfactory Performance of Duties; Weight Control; Inability to pass the Fitness Test; Parenthood; Pregnancy; and more.

As we Veterans absolutely know, the military makes mistakes all the time. Sometimes they’re in a rush to separate a service member and the process isn’t executed properly. Perhaps you were given a less favorable discharge than should have been appropriate. Don’t let your discharge hold you back from that job that you want any longer. Get your benefits!

Discharge Upgrade (to a medical separation/retirement)

Did you have a medical condition that was preventing you from performing your military duties at the time of your separation? Should you have been placed into the Medical Evaluation Board process, but were not?

The Boards for Correction of Military Records have the authority to correct your discharge, potentially entitling you to a medical separation or medical retirement. This could make a huge difference in the benefits available to you and your family, as well as the potential of back pay to your separation date.

As a former MEB and PEB attorney, Cullen Elrod is uniquely familiar with this less common area of military law. Let him try and get you the medical benefits that you should have been given when you were separated.

Other Corrections

There are many circumstances that may warrant a correction in your military records. Let us help you!
- Addition of military awards that should have been awarded
- Purple Heart, CIB, CAB, etc
- Change to Home of Record (which can impact state benefits like the Hazlewood Act in Texas)
- Change to Name, SSN, or DOB
- Correction of Rank at which separated/retired
- Correction of military awards or decorations
- Removal of “Bad Paper”(ex. Letter of Reprimand, etc)
- Reinstatement of entitlement to duty-specific bonus (combat pay, professional pay, etc)
- Reinstatement of entitlement to Reenlistment/Extension Bonus (REB)

Elrod Legal’s Approach

Before any application is submitted we will request a copy of your military personnel record. This is accomplished in different ways depending on your branch of service and when you served. This gives us (and you) a more complete view of what the board will see when considering your request.

When submitting an application for a discharge upgrade, the standard method is on a DD Form 293, or Application for the review of Discharge from the Armed Forces of the United States. This must be submitted within 15 years from the date of separation in question. If more than 15 years has already passed, we will use a DD Form 149, or Application for Correction of Military Record.

On the DD Form 293, you have the option of selecting the type of review that you’re requesting. There are three options.
1. Conduct Initial Record Review based on personnel file and anything else submitted, without a request for personal appearance.
2. Request a personal appearance before the board in the DC area.
3. Request a personal appearance before a traveling board, if available and wherever closest to you.

Absent exigent circumstances, Elrod Legal prefers to initially submit a request for a records review. This affords an opportunity for the board to make a much quicker determination based on the evidence submitted. If that fails to achieve the desired outcome, we will submit a request for personal appearance at either the DC area or a traveling board, if available. The boards rarely grant personal appearance requests. Regardless of whether the appearance request is granted, decisions on these applications typically take much longer to populate.

Sometimes a Veteran is requesting a fairly simple change on their DD Form 214 documenting an error such as a misspelled word, transposed number, etc. This type of simple error can sometimes be requested in the form of a DD Form 215, or Correction to DD Form 214.
Examples of these simpler requests can include: Misspelled name; Wrong initial(s); Reversed first and middle name; Reversed first and last name; Nickname cited rather than full legal name; Name change (if not changed after separation); Incorrect date of birth; Transposed digits of social security number or service number; and Information regarding medals.

Most common question that we receive is “How much is this going to cost?” Unfortunately the answer is that it honestly depends on the work being performed. Some cases take more time than others, so that has an impact on the cost. Adding an award to your DD-214 doesn’t involve a ton of work, especially if you already have the award documents and you’re just wanting your DD-214 amended to show the award. An upgrade to your discharge for a better characterization of service or change to a medical separation/retirement involves significantly more work.

In short, the cost absolutely depends on the amount of research and drafting that is required for your case. We typically use flat-fee billing for discharge upgrades or other changes to military records. We can also charge an hourly rate, but the flat fee typically ends up being the lower cost option, plus you’ll know up front how much it will cost regardless of the amount of time it actually takes.

We will discuss all options during the consultation, but I offer very competitive pricing which includes tiered fees, payment plans, as well as discounted fees if you’re experiencing financial hardship.

At Elrod Legal, we will ascertain your specific need and assist you in determining the best way to achieve your desired outcome!

Whatever the error in your records, contact us today and let us help!