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EDWIN CROSBY: Board for Correction of Military Records Failing Veterans
BCMR’S SERIOUSLY FAILING THEIR MANDATE TO VETERANS
By Edwin Crosby for Veterans Today
As veterans are aware, there is only one place they can turn to correct errors on their DD-214’s, or, there military records. Each branch of the military has what is known as a “ BOARD FOR CORRECTION OF MILITARY RECORDS “. The law governing said BOARDS is TITLE 10, Section 1552.
Something unique happened in 1985 to help assist ALL veterans who had been given a false & stigmatizing secret coded number on their DD-214 known as a SPN, SDN, or SPD code. A case from a BCMR went to the U.S. Federal Claims Court, CASEY v. U.S. argued by an attorney by the name of ALAN THIELE, now of Houston, Tx. CASEY won, and JUDGE YOCK in his decision from page 15-18 talked about “ STIGMA DISCHARGES “. He said ANY veteran with one of these false and stigmatizing coded numbers should have had a DUE PROCESS HEARING before discharge. Over the year, this veteran NEVER even heard about this case !
In 1999, this writer, Edwin Crosby III, submitted a claim to the USAF BCMR. Claim can be read at www.veterancourtcodes.com under the word pages, BCMR CASE. Absolutely NO one EVER told me I had a BAD or false and stigmatizing code, and by LEGAL PRECEDENT they, the BOARD must correct all errors, and pay for an injustice. The USAF BCMR failed to follow legal precedent ! In fact, so have the other BCMR’S, Army & Navy.
LEGAL PRECEDENT, is an existing legal ruling, which come from case law or past judicial decisions and cases. The United States Court System has a strong respect for precedent. The legal doctrine of “ stare decisis “ dictates that precedent will be followed in future court cases. Stare decisis means, “ to stand by and adhere to decisions and not disturb what is settled “.
It now has come to light, that the BCMR’S from the respective branches of the military have been cheating veterans out of JUSTICE FOR ALL ! They have failed to follow their mandate as given by Congress under the law, and ruined tens of thousand of lives of this nations military veterans. A veteran by the name of Jeffery Trueman who went to court to try and overturn the FERRIS DOCTRINE, found out he had a BAD coded number and NO ONE on the BCMR told him about this matter. He is very upset to say the least, and is ready to re-join the fight for Liberty.
ANY veteran who had a false and stigmatizing coded number who went before one of these military BOARDS from 1986 to 2010 and WAS NOT told he/she had a BAD code, needs to resubmit your claim immediately. Tell them they did not follow LEGAL PRECEDENT, and quote the CASEY case.
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
Short URL: http://www.veteranstoday.com/?p=52196
Posted by Edwin Crosby III on Sep 29 2010, With 0 Reads, Filed under Benefits, Vet News, Veterans Affairs. You can follow any responses to this entry through the RSS 2.0. Both comments and pings are currently closed.
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WHAT SECRET CODES YOU TALKING ABOUT? WHERE THOSE CODES ARE ON MY DD214? I WANT TO KNOW
Yes, what codes?!
I never heard of or was aware of either.
Hello Joe,
I’m with you; WHAT CODES!?
- What are they?
- What do they Mean?
- Where can they be found?
i recieved a uncharacterized dicharge from the army resaerve in 1983, im fighting for my discharge to be changed to a medical, because of my hearing loss in my 4th week of basic training, the army screwed my type of discharge a uncharacterized discharge is not good or bad, its a entry – level discharge , that prvent you fron collecting g.i. benifits, mine should of been a medical discharge im working on correcting this non sense.
Ed has been a leader in fighting this issue. The codes are on your discharge DD 214 and may claim you stole something, or are Gay, or anything WITHOUT ANY PROOF! Yet many businesses know about the codes and will deny you employment because of them. Just another way our government screws Veterans. The Courts have said this is illegal however government officials continue the practice. Government officials don’t care about what the law says.
This is great news, now the Veterans who hav ebeen dishonored for over thirty years can fight back. These PIGS that stand in the way of the rightful recognition of the honorable service of Veterans should be hung up to dry and the key thrown away. The doctrine of stare decisis is not the only one that applies, now, with the win for all Veterans in the US Court of Federal Clamis case Casey v US the legal doctrine of Res Judicata (already been decided) also applies to any other similar case. Under the doctrine of Res Judicata all that needs be shown is that the new Veteran’s complaint – in its major issues – is the same as that of Casey and then demand Res Judicata!
I’ve got one of these issues of no Due Process Hearing and the refusal of the USAF Board of Corrections to look into the case.
Watch for me, I’ll be writiing my own case and filing in the USCFC!
I’m already there in class actions I wrote on other civil rigths issues.
Mr. Kendall, thank you for pointing out the legal doctrine of RES JUDICATA, ( already been decided ). Only God knows how many veterans over the past 20 years have been screwed by the BCMR’S. These men deserve Justice !
If it happend to you it has happened to thousands of others. We have been fighting to at least get our records let alone a DD 214 hopefully we will get what we need soon however the SPN Code issue is a big one because most of the people who put those codes on our vets 214 are probably dead or in such a state that they can’t say that they made a mistake and so the board just goes along with what’s on the 214 and the vet continues to get screwed.
I would like to all the vets who are now coming forward about this most serious breech of our right’s. My case proves that the spn code on my DD214 was used by the Veterans Administration to turn down and delay my service connected disability. I am now 100% service connected. The code on my DD214 said that I was dischage for a non service condition. for all you USCG coasties your BCMR address is as follow:
DHS Office of the General Counsel
Board for Correction of Military Records
Mailstop#485
245 Murray Lane
Washington, DC 20528
[...] EDWIN CROSBY: BCMR'S FAILING VETERANS : Veterans Today [...]
Where is this code located on your DD-214? Can you give an example? I would like very much to know if I have one of these codes. However, I don’t know where or what I’m looking for. Am I the only one that didn’t understand this article “at all”! Confused???
JOHN, before 1975 should have appeared on line 11c, ” Reason & Authority “. After that, it went on the other 8 or more copies of DD-214 they made and they went to everybody who could stab you in the back. In late 1980′s they began putting the code BACK on the DD-214 BECAUSE NOBODY SAID A D— thing, maybe because they didn’t know. Send a cover letter to your Congressman asking; attached to this request is a copy of my DD-214. I understand I have a secret coded number called a SPN, SDN, or SPD code. I would like to know what my code is, and its meaning. Please help. Thank you. SEND IT CERTIFIED MAIL, forgot to say that above to other vet.
Where must I look in my dd214 to see if I have been a victum of these codes.
Before 1975, it appeared on line 11c, Reason & Authority. After 1975 it went on the other 8 or more copies made of DD-214. Then by some unknown reason, in the late 1980′s they bagan putting the codes BACK on the DD-214, example; SPD-xyz. Send a cover letter to your Congressman, send a copy of your DD-214 with it. Say, Mr. Congressman, attached to this request is my DD-214, I understand I have a secret code called a SPD code upon this document. Would you sent it over to DOD and find out what the codes is, and its meaning. Then you get it in LEGAL writing. Should take about 30 days.
I paid a $ 1,000 to a lawyer many years ago regarding a promotional issue with the
Army.
It was a princely sum then and not small change now.
Anyway, with all said and done my attorney told me that the Army Board of Corrections can do anything they want.
There’s your answer regarding BCMR’s.
Thats not so Matt, your lawyer may have a yellow streak up his back but I don’t think you do. If you have PROOF they did something wrong, really wrong, contact me via my website; http://veterancourtcodes.com and I will help you, even type up the documents for you to mail. Your a soldier of the U.S. don’t let some member of a secret society ( lawyer ) tell you they can do anything, he just doesn’t want to point the finger of blame at his buddies on the BOARD.
test
I knew of this SPN code years ago and had mine removed by the BCMR issuing a DD215. What gets me is how the US Army BCMR gets away with covering up false discharges, medical discharges from the Vietnam War. In a presidential inquiery the Army answered i was right that i had no legal council(All signature blocks were blank0 and that i was never allowed to turndown the findings of the PEB ( phyical evaluation Board), Hell I was never there. There are no travel orders in my 201 fileand as we all know the army don’t crap without orders. Orders would have been nessary as I was stationed or assigned to FT. Bennin, Ga and the PEB was at FT Gordon, Ga all the way accross the state.
The Army’s BCMR answered back that I must have been councilled by someone else, who they were I don’t know and why no signatures of me or this councilor????
For this document to be legal I would have have to had a legal councilor and they would have had to sign, then i would have had to sign that they were my legal councilor and that I understood all aspects of the procedings. NO SIGNATURES??????????
And by the Army saying I was phyically present at this hearing and that I gave no information on my injuries, they denied me my rights as well as lieing. Because of this I and probably a few others from Ft. Benning got shafted on severance pay discharges instead of medical retirement.
In short legally I might be still on active duty as I have not been legally or properly discharged????????????????????
this discharge is the reason I’ve had to fight the VA for the last 41 years to get my service connected injuries established..
please let me know if anyone else has had this problem from Ft. Benning.
I too was confused at what these codes actually were and where to find them.I Googled those coded and came up with numerous examples.The link below actually shows a picture of the DD Form 214 and where the codes are found.
http://www.tulanelink.com/tulanelink/veteranslament_08a.htm
Lawrence, go to my website; http://veterancourtcodes.com look at top of page, it says SPN CODES, click on that, next page opens and on the left it allows you to choose NUMERICAL or ALPHABETICAL codes, around 1980, the went from SPN-123 to SPD-XYZ. That website is about the lawsuit taken to U.S. Supreme Court about the codes, DOCUMENTS there even have court seal upon them, and there is plenty of data to answer your questions. There is a CONTACT US button there so you can get ahold of me via the website.
Sorry for the duplicate entry but the content is important enough to be at the bottom where more can read what the codes are and where to find examples.This should have been done in the original editorial.It’s all good though.
http://www.tulanelink.com/tulanelink/veteranslament_08a.htm
You really can’t see it well on the link. What box number is it?
I have been fighting the VA for 42 years because of falsified military medical documents in my file. I informed the military corrections board that they were false. However, they took the position that the Army never falsifies medical files. I received documents from FOIA that seem to prove otherwise now. Am waiting to hear back from the DVA now. Good luck to all veterans best bet is consider a good lawyer if you can.
Are there any codes for a woman being raped numerous times by her Navy military Doctor who threatened her with a dishonorable discharge if she did not keep her mouth shut. The answer “NO”..Are there any laws against “MISSING” pages from a veterans military records….However there is a code RE-4..That gives her an honorable-honorable discharge, with the restriction that she can never work for a FERERAL facility as long as she lives..
So have fun all you wanna-be rapeist…the military does not care if you rape a married pregnant woman…after all the baby will not be yours therefore she has no proof RIGHT!
I agree about the codes, I think the military should have had the balls to give dishonarable discharges, but they tried to be politically correct and hide the reason most of these misfits were kicked out. When chickenshit, chickenhawk gobber gave all the shits that went to Canada a clean slate, then everyone should have been cleared.
Hey! Also, my uncle who is a VN combat veteran had a dashed line on the said lines of his DD 2-14 instead of any codes. Never could figure that out. Last year, he FINALLY ordered a copy of his records. Guess what he found out? His DD 2-14 had a whole bunch of negative stuff ADDED to his DD 2-14 AFTER he was discharged with an honorable discharge. He had No Idea all of these years. If you are filing a claim with the VA – ORDER YOUR ENTIRE FILE, you may find out it is a lot different than the one you possess and was given at your discharge. Oh, and expect it to take almost a year to get to you.
im fighting for my uncharacter -ized discharge to be changed to general under honorable conditions, i recived the wrong discharge in 1983.