Written by Bill Brown

Board for Correction of Naval Records - A Method for Correction of Errors from Current and Former Navy and Marine Corps Member's Military Records.

  • 0 comments
  • 8 months ago
  • Legal

What is the Board for Correction of Naval Records (“BCNR”):  The BCNR was created by Congress in 1947 to provide a method for correction of errors or removal of injustices from current and former Navy and Marine Corps member’s records without the necessity for private legislation. 

The BCNR is the Secretary of the Navy’s highest Board for final adjudication/review under Title 10, United States Code Section 1552 to correct errors or injustices in the naval (military) records of active-duty, reserve, retired, and former Marines and Sailors.

The BCNR is a separate shore activity under the direction and supervision of the Assistant Secretary of the Navy for Manpower and Reserve Affairs.

What can the BCNR Do:

The BCNR can upgrade any character of discharge and change any reason for discharge. They can also change re-enlistment codes, change the date of your discharge, remove mistakes in your record, and add or remove a note of medical retirement.

Addtional Information on the BCNR:

  • Petitioners must exhaust all administrative remedies before seeking relief from the BCNR.
  • As the highest level of administrative review in the Department of the Navy, BCNR decisions are “final agency actions” that may be challenged in Federal Court.
  • The BCNR acts under the authority and on behalf of the Secretary of the Navy.
  • The BCNR corrects naval records; it does not award pay. DFAS determines what pay and benefits may be due as a result of changes made to the records.
  • Errors” = Generally objective; “Injustices” = Subjective
    10 U.S.C. § 1557 – 90% of all cases must be finalized within 10 months, and all within 18 months.
  • The BCNR is not an investigative body

Standard of Proof:

Presumption of RegularityIn absence of sufficient evidence to the contrary, presumption is that the Navy/Marine Corps action was correct. 

  • Burden to prove error or injustice is on the Petitioner

Helpful Hinsts for Petitioning BCNR:

  1. Download the DD Form 149, print it, fill it out COMPLETELY, and sign it.  You must sign the application as BCNR cannot act on your behalf without your signature authorizing them, through the Privacy Act, to review your record.
  2. Identify the specific error or injustice you feel has been committed, submit sufficient information to permit BCNR to determine whether relief is warranted and include any other information you deem relevant.  If in doubt, include it.  That information could be what ultimately proves that an error or injustice exists.
  3. When you have completed the application,  mail your application directly to BCNR to the appropriate address indicated on DD Form 149.

BCNR Governing Law:

See 10 U.S.C. Sec 1551-1557.

Additional regulations of interest:

SECNAVINST 5420.193:  Establishes procedures for making application and the consideration of applications for correction of military records of current and former members of the Navy and Marine Corps by the Secretary of the Navy acting through the BCNR under Title 10 USC Sec 1552.

NAVPERSCOMINST 5420.1:  Administration of Board for Correction of Naval Records (BCNR) Applications within Navy Personnel Command (NAVPERSCOM).

Email William (SEAL) Brown Esq. at William.Brown@ParlatoreLawGroup.com if you are interested in filing a BCNR Petition.

If we don’t look out for each other, no one will.

Email Signup

© Warfighters Chamber of Commerce. Design by Paul Buijs