Posted on Feb 2, 2016
I am retired and want to appeal a prior a BCNR case that was already denied. Is this viable?
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Disabled Veterans
Disabled Veterans
Posted 9 y ago
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If i read your response to Top Thomas correct, you want to appeal and already denied appeal of a denied request for correction. That's pretty close to the cold day in Hell scenario. That said, the only possible traction would be a "cardinal error" in which the process or basis is erroneous and contrary to Regulations. Stuff that's in the judgmental range isn't subject to further review. Also "rules of evidence" are different, i.e. there's no requirement for BCNR to review again. The board functions under "administrative rules" which are not subject to other jurisdictions. That's why courts don't entertain them. Probably the best path albeit low odds too is if your local Congressional member would be interested enough in your situation for the staffer to pop off an autopen letter. Typical responses from the Board talk about generalities about something happened, suitable action was taken, appeal processed, end of story. Now what? Since the posting is under the disabled side, DAV and others could give you a better read about any relief but it may not be in their interest to throw much resource at it.
You probably didn't want to hear my tough love take but I've had to move on from a personal BCNR cluster myself way back when. There isn't much reason for them to care, especially once you're gone.
You probably didn't want to hear my tough love take but I've had to move on from a personal BCNR cluster myself way back when. There isn't much reason for them to care, especially once you're gone.
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PO1 Rudy Lopez
Not necessarily true. The Court of Federal Claims will hear Board of Correction cases so long as there is a claim that they have jurisdiction for, such as under the Tucker Act or Military Pay Act.
The boards of correction, on average, dedicate about 3-4 minutes in deciding a petition application. The board members are not always legal experts, nor are they required to undergo specialized training.
Petition writing to the Boards of Corrections is about persuasive to the point writing with supporting evidence. And just because congress gives the military unfettered discretion in military matters, the military, like any government agency, must abide by its own procedural rules and regulations if it chooses to promulgate them.
Boards of Corrections, much like a social security disability claim, more often than not get rejected on the first application. Most, if not all, of records correction request that are successful are on appeal.
The boards of correction, on average, dedicate about 3-4 minutes in deciding a petition application. The board members are not always legal experts, nor are they required to undergo specialized training.
Petition writing to the Boards of Corrections is about persuasive to the point writing with supporting evidence. And just because congress gives the military unfettered discretion in military matters, the military, like any government agency, must abide by its own procedural rules and regulations if it chooses to promulgate them.
Boards of Corrections, much like a social security disability claim, more often than not get rejected on the first application. Most, if not all, of records correction request that are successful are on appeal.
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