Brian Schenk, Esq. Of Counsel
Brian Schenk has comprehensive experience with military record corrections before the Board for Correction of Military/Naval Records. Mr. Schenk's published works include the Military Discharge Upgrade Manual - Authored Chapter 13: Medical Separations and Retirements, American Bar Association, 2021, and he has extensive experience with judicial review of military corrections issues.
When you’re trying to correct an error or injustice in your military records, you want to ensure you have the strongest application possible. Many veterans describe the process as emotionally heavy, especially when the record in question relates to events that shaped their career, reputation, benefits, or personal well-being.
If you're dealing with the frustration of an erroneous or unjust military separation, an evaluation that doesn’t reflect your service, preclusion from or denial in the Disability Evaluation System or an administrative mistake that’s followed you for years, you’re not alone. The process can feel overwhelming, and it’s completely normal to want clear guidance before you move forward.
At the Law Office of Shannon James PLLC, we help clients nationwide. Our goal is to give you the confidence you need as you prepare your documents to present the strongest case possible to the Board for Correction of Military Records. If you’re considering filing (or wondering what to include), reach out to me today to get the support you need.
What Is the DD Form 149?
DD Form 149 is submitted to request a correction to your military record through your service branch’s Board for Correction of Military Records (BCMR).
Veterans use it to address issues such as inaccurate military discharge information, missing awards, unfair performance evaluations, administrative mistakes, or decisions that didn’t take necessary evidence into account.
Supporting Documents That Strengthen Your Case
Supporting documents are often the deciding factor. They turn your request from a simple statement into a well-supported argument that lets the board see the full picture. Once you’ve selected the documents that matter most, organize them in a logical order before submitting them. First, you'll want to gather your official service documents, including:
Service record briefs
DD214
Performance evaluations
Award citations
Official personnel or medical records
If you are still in service, retain any emails, notes, communications or other documents as you will likely lose access once you separate and they may not be recoverable through records requests.
These documents help the board understand your service history and compare it to the issue you’re asking them to correct. Next, you'll want civilian records relevant to the case:
Medical or mental health evaluations
Employment records
Police or court documents (if relevant to the correction requested)
Academic transcripts
Civilian documents are beneficial if they show rehabilitation, treatment, or progress over time. Once you’ve selected the civilian records you want to include, tie them back to your request. The board needs to understand why the documents matter, not just what they show. You'll also want to include statements from witnesses, such as:
Former commanders
Supervisors
Colleagues
Friends or family (if they provide factual, relevant details)
Professionals such as therapists or physicians
After collecting statements, double-check that each one supports the same narrative you presented in your form. Consistency across documents strengthens your credibility.
Finally, you'll want to include a personal statement. Even though the form gives you space to explain your request, attaching a more detailed personal statement is often helpful. Focus on facts, timelines, and explanations.
Timelines, Missing Records, and Errors in Your File
Many veterans run into issues with missing documents, incorrect entries, or gaps in their service records. The BCMR understands that record-keeping isn’t perfect, but the applicant bears the burden of proving their case.
If records were lost, destroyed, or never created, mention it clearly. Attach any alternative documents that support your position. Even second-hand evidence (such as statements from witnesses) can be helpful to fill the evidentiary gap when official records are missing.
If the correction involves a date, unit assignment, medical notation, or disciplinary record, identify the section, the error, and the correct information.
Research BCMR case law and federal case precedent. The BCMRs are required to follow their own precedent and to publish their cases in a public reading room. Their decisionmaking is further governed by federal court holdings. Finding and leveraging similar cases and key court holdings is often the most persuasive material an applicant can present to the board. It is also where counsel with experience in federal court can be particularly useful.
Legal Guidance
At the Law Office of Shannon James PLLC, we assist veterans nationwide, helping them build strong, well-supported applications that address errors or injustices head-on. If you're ready to move forward—or if you’d like help reviewing your case—reach out for a consultation with Brian.
The information above is not legal advice and is for informational purposes only.
