2017 NDAA Breathes New Life into Previously Denied ABCMR Requests for Reconsideration
Malcolm v. United States and the Pitfalls of Federal Litigation in Military Records Correction Board Cases
New statutory amendments suggest:
- The ABCMR’s one-year deadline now appears to be invalid.
- The ABCMR’s one-time reconsideration rule is now appears similarly invalid.
- Most importantly, it appears that any applicant who was at one time denied reconsideration purely on timeliness grounds now must be considered by the board so long as they are supported by “materials not previously presented to or considered by the board . . .”
Key Case: Wilhelmus v. Geren
The Court’s decision illustrates a number of important pitfalls that generally could be avoided if the applicant or his counsel is aware of some key principles.
Inexplicable running-track measurement errors could throw airmen into the administrative unknown
Wilhelmus held that the Army Board for Correction of Military Records (ABCMR) violated the Administrative Procedure Act (APA) by failing to properly distinguish its own relevant precedent.
Thousands of Combat-Injured Veterans May Soon Be Entitled to Significant IRS Refunds But the Burden is On Them to Get It
The Air Force recently admitted that the walking and running tracks at 19 of its bases were too long and caused many airmen to erroneously fail their physical training tests. But this could be just the beginning of a long administrative process that applies to any service member wrongfully denied promotion.
U.S. Court of Claims Awards Nearly $4 Million in Attorneys’ Fees Against United States in Veterans Benefits Class Action
Since 1991, the Secretary of Defense has unlawfully taxed combat-related disability severance pay for nearly 14,000 wounded veterans to the tune of approximately $78 million.
Department of Defense Expands Guidance for Veterans Seeking Discharge Upgrades in PTSD-related Cases
In July, the United States Court of Federal Claims awarded $3,862,924.53 in legal fees and expenses to Plaintiff’s lawyers from Morgan, Lewis & Bockius and the National Veterans Legal Services Program.
New BCNR Rules for Requests for Reconsideration?
On February 24, 2016, Acting Principal Under Secretary of Defense Brad Carson issued a memorandum to the secretaries of the military departments that substantially augmented previous guidance on how military record-correction and discharge review boards address applications by Veterans claiming PTSD or related conditions.
ABCMR Retroactively Awards Purple Heart and Other Medals to Vietnam Vet
There is a class of applicants who submitted reconsideration requests between September 16, 2014 and July 1, 2016 whose cases were unlawfully rejected as untimely. These applicants could reapply for reconsideration, although the requirements for new and material evidence must still be met.
The Army Board for Correction of Military Records (ABCMR) records recently awarded a Purple Heart, Good Conduct Medal, Vietnam Service Medal (3 Bronze Stars), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Expert Marksmanship Qualification Badge with Rifle and Machinegun Bars for a Vietnam veteran who petitioned the Board nearly 50 years after he sustained injuries in the Battle for Hill 875.