Board For Correction Of Military Records Failing Veterans

[allan]

EDWIN CROSBY: Board for Correction of Military Records Failing Veterans

September 29, 2010 posted by Gordon Duff

BCMR’S SERIOUSLY FAILING THEIR MANDATE TO VETERANS

　

DD214 SECRET CODES

In fact, attached to this story are four (4) questions which can be submitted to anyone of the BCMR’S. Just change the name from Army to Navy, or to USAF. Send said questions to your U.S. Senator or Congressman at their State office, use CERTIFIED MAIL, no green return receipt needed, do not sent to Washington Offices. Request that the 4 questions be answered as veterans believe the BCMR’S are NOT following Congressional Mandate or Legal Precedent, and you yourself may have to use the BCMR’S and you want a FAIR playing field.

You should get a form letter back from your Senator/Congressman saying they received your request and will forward for answers. If you do not hear anything within 3 weeks, call and ask what happened. This is a GREAT OUTRAGE that when asking for Justice at BCMR’S, veterans are further stabbed in the back by those wearing a military uniform of the U.S. Stand up and be counted veterans !

FOUR QUESTIONS TO BE ANSWERED BY ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

QUESTION ONE:

How many cases have come before your ARMY BCMR since 1986 in which a veteran had a " false & stigmatizing coded number ", known as a SPN, SDN, SPD code, and said veteran was advised by LEGAL PRECEDENT, CASEY v. U.S. 8 Fed Cl.Ct. (1985) that he or she was entitled to a " DUE PROCESS OF LAW HEARING UPON DISCHARGE ".

QUESTION TWO:

Upon determining the veteran was given a false & stigmatizing coded number, how was the veteran " redressed or compensated " for the injustice, which is a requirement of the law governing BCMR’S i.e. Give examples of how payment was forthcoming.

QUESTION THREE:

When a BCMR discovers that SPOLIATION has taken place, and a party who destroys a document with knowledge that it is RELEVANT to litigation is likely to have been threatened by the document, and that party is one of the military branches, how does SPOLIATION effect a veterans claim. Do lawyers in the litigation office notify Justice Department Officials of the crime committed ?

QUESTION FOUR:

Once a BCMR has determined a veteran has a STIGMA discharge, and the BCMR’S must CORRECT the INJUSTICE, what guidelines are you following to locate ALL places the coded reason for discharge has been disseminated to. Please provide copy of those guidelines.

EDWIN H. CROSBY III

　

http://www.veteranstoday.com/2010/09/29/edwin-crosby-bcmrs-failing-veterans/

[Wings]

It isn't a complete cite. It's Casey v. U.S., 8 Ct. Cl. 234, 241 (1985)

http://veterancourtc...y%20vs%20US.pdf

Thank you.

[Wings]

FWIW, I have an 80% win rate before the AFBCMR. I haven't found them arrogant at all, and I found them more than willing to jab a thumb in the eye of the institution if an error or injustice was committed.

They're SES civil servants and function as the highest level of administrative review. The last administrative stop, if you will.

I've seen them void discharges and grant years of back pay and retirement to people who got shafted. I've seen them determine that reprisal occurred and make the victims whole with retroactive promotions, medals, revised performance reports, etc. I've seen them change discharges with severance pay to lifetime retirement on the Permanent Disability Retired List. Take a look at http://boards.law.af.mil and see the kind of stuff that they do. I've seen them make favorable corrections even when the applicant was obviously a dirtbag. They do NOT rubber stamp the government.

They can't change actual history, but they can and do tweak your records if you prove an error or injustice warranting correction. No interest on the back pay, but we're used to that on the VA side of the house.

The presumption is that the record is correct unless the claimant proves an error or injustice warranting correction. Ultimately, the burden of proof is on the claimant. They don't order investigations or impose sanctions against those who committed the error or injustice. They simply fix the record and you reap the benefits flowing therefrom.

Remember, I said they're the last administrative stop. If you've gone through all your administrative hurdles and met with no success, you can then take your case to federal court. At that point, you might be able to prove spoliation of evidence ("hey, my former armed force's regulation requires them to keep this file for 20 years and it's missing at 10, it would have helped my case!") and get sanctions/adverse rulings against the government.

Anyway, this is one non-attorney's perspective. No legal advice here, go get that from attorneys. :)

Bill

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Sorry Bill that I can not share the same warm sentiment. You may have an 80% batting average, but the BCMR probably approves corrective action in less than 20% of the claims.

My DD-214 does not show my ribbon for over-seas long tour. I am certain I was there ... and the AF only requires that I served the full tour ... so, why don't they list all of my awards/decorations?

There are errors as well. you keep up the good work. ~Wings

[Mcafee]

Hello All Hope All Is Well.

Sorry Bill that I can not share the same warm sentiment.

I was discharged under medical care never released from the treating physician and have all documents and sent them to BCMR DENIED.

As for your percentanges or statistics they are probably inflated or falsified.JMO.

[Bill (USAF Retired)]

Hello All Hope All Is Well.

Sorry Bill that I can not share the same warm sentiment.

I was discharged under medical care never released from the treating physician and have all documents and sent them to BCMR DENIED.

As for your percentanges or statistics they are probably inflated or falsified.JMO.

So because you had a bad experience in one case, I've "inflated or falsified" what I've accomplished with AFBCMR? If that's the sort of sloppy logic you used before AFBCMR, no wonder you lost. I'm sorry you had a bad experience, but you have no grounds whatsoever to impugn my honesty.

[carlie]

Hadit certainly has no problems with having a difference of opinion

but no attacks are needed or necessary.

Please remain respectful of one another.

[john999]

What gets me is this: The military can discharge you for personality disorder. The VA can disagree and award you 100% PTSD to the day after discharge and that is perfectly OK. This encourages the military just to toss sick people out on their ass and let the VA worry about it. You get a corrupt process in the military and it allows the military to avoid pension benefits to sick vet they discharge for bogus reasons. I know because it happened to me. After and during Vietnam the army did this thousands of times to soldiers that had PTSD symptoms. Try and get them to change a honorable or general discharge to a medical with pension. They will call you every dirty name in the book and spit in your face to boot.