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Report Says BCMR’s Flying Blind, No Pilot
In a REPORT entitled “Military Record Correction Boards and their Judicial Review, Military Law Section Program“, dated JUNE 11, 2010, and prepared by one Raymond J. Toney, a lawyer from Woodland, Calif. The State of Texas Military Law Committee asked Mr. Toney to present said Report. This writer spoke on the telephone with Mr. Toney this day, October 5, 2010. The BCMR’S are basically a joke.
This REPORT prepared for the State Bar of Texas Annual Meeting, Military Law Committee Correction of Military Records and Judicial Review, has proven to be a shocker, and, should OUTRAGE every veteran ! Why you ask, well hold the phone.
In said REPORT under “ L. “ it states; “ (1) Navy BCMR members devote on average 1.6 minutes to deciding each application; (2) Army BCMR members devote on average 3.75 minutes to deciding each application; (3) the Navy, Army, and Coast Guard do not require their board members to review applications and supporting evidence before deciding applications “. ( underscoring supplied ) WHAT ??!!
Under “ S “, Thoughts and Observations on BCMR Practice it states; (1) Create no expectations of a successful outcome and try to keep client expectations in check, even where claims appear very strong . end quote ( underscoring supplied ) What this is saying is, if you have a strong case NOBODY will look it over, and whoopee, who cares about America’s Veterans ! Moreover, one of the claims you can bring before said Boards is “ Procedural violations ( due process ) “.
Mr. Toney writes again under “ S “, Thoughts & Observations; (6) In my experience, the BCMRs see their roles as defending the actions of the military, not as impartial adjudicators, i.e. the process is adversarial, though not intended to be and without the procedural safeguards of an adversarial process.
In a recent posting here at Veterans Today, this writer told readers about a court case, CASEY v. U.S. from 1985 having to do with “ STIGMA DISCHARGES “, those vets branded with a secret coded number known as a SPN, SDN, or SPD code. Legal Precedent and Res Judicata ( already decided ) were discussed in REOPENING a claim with a BCMR. Mr. Toney points out the following; Courts must “ defer to the Board’s decision unless it is arbitrary and capricious, contrary to law, or unsupported by substantial evidence “. In CASEY v. U.S. it had already been decided that a veteran should have had a Due Process Hearing before being assigned a stigmatizing coded number. Moreover, the BCMR’S were aware of this court decision and rendered arbitrary decisions contrary to law, and completely unsupported by substantial evidence.
A point of interest, some commentators have spoken out that the Court of Federal Claims be designated the sole forum for judicial review of military decisions. If this were so, the CASEY case would have prevented the BOARDS from running amuck. There is a Sub-Committee on the HOUSE ARMED SERVICES called MILITARY PERSONNEL, and the Chairwomen for that Committee is one Congresswomen Susan A. Davis of San Diego. Where is the oversight ? Congresswoman Davis was FAXED on two (2) occasions, Aug. 12, 2010, and September 23, 2010, those same four (4) questions that appeared in the story BCMR’S FAILING VETERANS. To date, there has been no reply from her office.
We who served in the military expect proper and respectful treatment when asking to correct records. This is NOT a joke to us. Veterans should demand properly trained personnel to work at the BOARDS, and take time to read, and examine evidence presented. Fair and Just is all we ask for, and its not present.
Copyright 2010 - Edwin Crosby III
Short URL: http://www.veteranstoday.com/?p=53486
Posted by Edwin Crosby III on Oct 8 2010, With 0 Reads, Filed under Benefits, Vet News, Veteran Service Organizations, 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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This news is outrageous to any Veteran. I urge an investigation into this matter and charges brought against those responsible for ignoring these Veterans.
Gerald, you are correct, there should be a judicial investigation, by law, ( court case ) the Secretary is to determine what errors there may be, correct said errors, and possibly pay for an injustice. How can you correct a record if YOU DON’T EVEN READ THEM ??!! I wonder where the U.S. Provost Marshall is, that is after all right in his back yard, and his jurisdiction I believe.
I just yesterday told people to ‘flood’ the BCMR. I was improperly’diagnosed’ by BULLSHIT means. I wanted to tell you all that, first you need to apply for a FREEDOM OF INFORMATION ACT from the base you were established at.You tell them I would like to look up my information, but basically, it is a request from the FOIA people to forward you all information, including medical, and the rest for your freedom of in formation. State this is everything you want under this law. Your medical, all documents dealing with this, every written statement. I will look forward to myb FOIA request and Forward it on from the Eighties.Call forward and find out what office you should refer this to. THEN take all their BULLSHIT documentation, and bring it to an ‘Outside source’. You will pay for this. Let them assess, your military commitment, your desire to serve your country, maybe you partook a little too much. Whatever it was, you were still enlisted. and still were accepted. What happened after you got wounded!?–A Personality Disorder?! Because you had a chunck of Thigh missing??!- After the FOIA request comes through, (They may make you pay for the paperwork, and I expect this in this environment. I did’nt have to. Then get an outside opinion. Watch out for conservative, freak, Mind Control Zombie, Psychiatrists.Believe it or not they could work for the ‘other Side’. I got lucky, during the eighties. He divulged I was like most young men of the era.He also worked for the VA! If you don’t like them, don’t give them your ‘Services’. After they give you, your most prevalent reading, of normal, then take this info to your local Rep, or Dem, Congressperson with a desire for a correction of Military records, Prep them or remind them that you have a right for a petition for a military grievance, and desire a Board For Correction Of Military Records.Make them work for you! Pursue this, constantly call and contact them. Make these people work for you! Much luck, Much Love, Sincerely
Thanks for asking vets to flood BCMR’S with letters, however, might I suggest sending them to HOUSE ARMED SERVICE COMMITTEE, SUBCOMMITTEE ON MILITARY PERSONNEL, which has oversight of the BCMR’S. A Congresswoman by the name of Susan Davis our of San Diego, Ca. is Chairperson of said Committee. Ask the question where is the ” oversight regarding legal precedent ” and res judicata involving CASEY v. U.S. from 1985. For more than 20 years the BOARDS have stabbed veterans in the back. Maybe we need to bring back dueling, might stop injustice and loss of Liberty & Justice For All. Maybe the old timers had it right after all. Edwin Crosby III
Yes in twenty ten, things seem more dubious, they try to dispell you from taking action. But take that action, you still do have that right! Don’t let anyone disuade you! These rights are still granted. You must pursue and demand these rights. Thank you
Do It, Do It!, NOW! God Bless you all.
Those in Washington, D.C. believe veterans will ” give up ” and quit. There is something to that. Out of 10 maybe 3 will stand up for their rights and NOT let anyone get away with taking away their ” Liberty & Justice For All “. Only later in life do the rest realize they goofed and must now attempt to make up lost years and are behind the 8 ball. Letters, Faxes, sent to the HOUSE ARMED SERVICE COMMITTEE, Subcommittee on Military Personnel will have a major effect upon moving a mountain. Demand a criminal investigation, why ? Failure to follow legal precedent, a.k.a. res judicata ( already been decided ). Another charge, GENOCIDE, read that section of law, WE, veterans of the U.S. qualify for that, NO JOKE !! Edwin Crosby III
I think its ashamed that we, the young solders look up to the people in the military for role models especially in the 60s and 70s when our fathers were proud of the wars they had fought in, they sit around drinking every weekend with the other buddies discussing there battles and kills.
Sounds enticing to a young man to follow in there foot steps and defend the American way, but what they don’t brag about is how unhappy they really are, with the anger and drinking
The upper brass back in the 1950s through the 1970s are these fathers and are num to the young kids that joined and when there was a problem the tend to avoid or the anger they have makes them want to pass that anger along.
Now that the young people are changing the cycle they fight to keep it the same, They are afraid of change or they are just afraid that they will remember just how unhappy they really are.
Example; in basic in 1970 assaulted and was informed by a drill sergeant that the co is not going to have any marks on his record and would be better to just suck it up or he will make it hard on you.
Then of course you have the person that has a bad day, fight with his wife or was chewed out by there co and they just pass it along or to feel better, they do the wrong thing for that slightest feeling of gaining that power again in hopes of feeling better or diverting there anger for a period just long enough to enable there small minds to deal with it
The American military better wake up and realize that there will come a time when they will have no one to enlist in there military because, the false promises they make will bite them in there six
So called officer & a gentleman seems to went by the wayside during the 1980′s, and their oath of office to uphold, protect, defend the U.S. Constitution against all enemies foreign or DOMESTIC has been forgotten. A U.S. Military Officer affraid to speak out against ” injustice ” or ” corruption ” is not a US Military Officer, but a coward and loser. If not for enlisted personnel who remember what they were taught as kids, there would be NO Honor at all. Wonder what happened to the class ” How to be Honorable ” at the military academies, as well as, How not to be a sissy. For evil to exist, all good men have to do is nothing.
One thing I wanted to ask, is I applied for a correction 6 months ago and it has been 39 years and I never received a dd214 and I applied for my records last year and was shocked that I had a General, under other than honorable, for the good of the service, I still have the record of being in the mental ward while awol showing the dates and it was never even mention on the discharge paper work and it shows on the dd214 that type issued NONE
I thought that I had read that in a court case that the law says you are not officially discharged till you received you dd214 and most of your pay, which I was never paid anything.
Also it states that Tables 2-4 2-5 ar 601-210 or Tables 2-2 2-3 ar 601-280 APPLY What does this mean?
Thanks
I take it you were discharged back in the 1960′s. You should have received a DD-214, and 8 or more copies are required by D.O.D. Directive. You should have also gotten a SPN, or SDN code. Your code may have to do with mental problems. I would have contacted National Records Center in St. Louis for copy of DD-214 BEFORE applying to BCMR. Ask Congressman to help get a copy, give details, date you went in, discharge date, military number, SSN as well. Find out what your SPN or SDN code is, and its meaning. THEN YOU HAVE A CASE. Sounds like your a canidate for a BAD code, really. Get copy of DD-214 !!! You can contact me at my website; veterancourtcodes.com says contact us.