Corrections of Military Records/
Discharge Upgrades
Current or former service members may apply to have mistakes or injustices in their military records corrected. If there is a mistake or injustice in your military record or discharge, David Sheldon will pursue every administrative remedy and then, if necessary, take your case to the Board for Correction of Military Records (BCMR) or the Discharge Review Board (DRB) for your service.
Requests to a BCMR should be submitted within three years of when the mistake or injustice was discovered or should have been discovered—although a BCMR can waive this three-year limit in the interest of justice.
Former service members can seek an upgrade of a discharge from each service’s DRB for up to 15 years from the date of the discharge. The DRB can change only the characterization (type) of discharge or the reason for the discharge; it cannot correct other mistakes or injustices. It has the authority to upgrade discharges, change separation codes, reinstate service members to active duty, and award back pay.
David Sheldon will:
- Review your military record.
- Collect evidence regarding the mistake or injustice being corrected.
- Use the Freedom of Information Act to search for records that support your claim.
- Submit the petition and supporting memo and documentation on your behalf.
- Prepare a rebuttal to unfavorable advisory opinions issued by the board.
- Represent you at any personal appearance.
- If necessary, appeal your case to the U.S. Court of Claims or the U.S District Court.
Examples of David Sheldon’s Results:
- Back pay and allowances for a Naval officer after the BCMR determined that the officer should have been placed on the Temporary Disability Retired List.
- Special selection boards for Air Force officers after BCMR decided that Officer Evaluation Reports were invalidated.
- Promotion by operation of law for officer who was not promoted during the statutorily required time period.
- Removal of prejudicial OERs and OPRs from officer and enlisted performance reports.
