The secretary of a military department, acting through a board of correction of military records, has authority to correct any military record when necessary to correct an error or remove an injustice.
Applications for correction of a military record, including review of discharges issued by court-martial, may be considered by a correction board. A request for correction generally must be filed by the veteran, survivor or legal representative within 3 years after discovery of the alleged error or injustice.
The board may excuse failure to file within the prescribed time, however, if it finds it would be in the interest of justice to do so. It is the responsibility of the applicant to show why it would be in the interest of justice for the board to consider the application despite the delay.
To justify any correction, it is necessary to show the satisfaction of the board that the alleged entry or omission in the records was in error or unjust. Applications should include all available evidence, such as signed statements of witnesses or a brief of arguments supporting the requested correction. Application must be made on DD Form 149, which may be obtained at any VA office.