New Client Testimonial — Federal Court Representation

As one who knows, I can tell you Brian Schenk is the military law expert you should have on your side if you want to win your BCMR case.  In April of 2024 he prevailed against the Air Force Board for Correction of Military Records (AFBCMR) in my quest to have the Purple Heart medal awarded to my deceased father who was a retired USAF major.  This is special because it is likely my father will be the last WWII Army Air Force veteran to be awarded the Purple Heart.  I tried to win this fight without counsel for over 3 years and I had a great case with incontrovertible evidence that proved my father was wounded when his bomber was shot down by fighters in WWII.  He was captured immediately and sent to POW camp in Germany for 11 months.  The board denied the Purple Heart, claiming I had not applied within the 3 years allowed since discovery of the injustice to my father, although they did say how they made this determination.  I knew it was over and that’s when I found Brian Schenk.  I was convinced he could help me the first time I spoke to him and I could tell he believed in my case.  It was such a relief to turn everything over to him and stop fighting on my own because I was worn down.

Brian sued the Sec. of Defense and the Sec. of the Air Force in Maryland District Court, accusing the AFBCMR of violating the Administrative Procedures Act.  The court remanded the case to AFBCMR with the mandate to consider all of the evidence.  The Board finally ruled unanimously that my father was a victim of injustice and they corrected his records to show he was wounded in action in June of 1944.

This is a “gotcha” business and you better find someone who knows how to win.  It was fantastic to see the documents Brian created, with their logical presentation of evidence and case law.  He worked with the U.S. Attorney to craft a joint remand motion that kept the court in charge if AFBCMR denied the Purple Heart again.  The motion stated that both sides agreed the Board had not done a thorough review of the evidence and it listed 6 or 7 items that needed full consideration before they ruled again.  I really appreciated that when Brian received or sent case documents I immediately received copies without having to ask.  He kept me in the loop all the way and I felt free to send him the results of my own research into cases that were like my father’s or new evidence I found going through his Air Force records.  You definitely want to work with someone like Brian who respects your opinions and input.  He always let me know what was going on and what to expect next.  When Brian called me after the Board made their decision he said “You won!” and that was a great feeling, a proud moment and the end of a 7 year battle.

Here are some things I learned along the way:

1. Start with Brian! Don’t go it alone because you will lose.  Have him send in the initial application with a well-crafted letter to state your case and explain your evidence.  If the Board knows an attorney is involved they might be tempted to give your evidence and arguments a thorough review.
2. The process is adversarial.If you apply on your own no one will help you.  You will not be able to communicate with anyone by email or phone to check on the status of your case. A year or more can go by before you hear anything.  Frustration is the inevitable result.
3. The Board will close your case as non-viable if you do not state you have exhausted all available administrative remedies.It may take a year before you learn this and then you have to start over.
4. The Board may request an advisory opinion from another Air Force agency that is detrimental to your case.The Board can make this AO their own rationale for deciding your case.  I received a totally incompetent advisory opinion and Brian warned the Board not to accept it because it would cause them to run further afoul of the Administrative Procedures Act.
5. The Board may refuse to accept their own prior decisions as being similar to your case and they may not look at your evidence at all.They can also say you did not file your case in the allowed time.

Take it from me and talk to Brian before you try to do anything on your own.  It’s free!*  The advice you receive will put you on the road to winning your case.  If you go at it on your own and lose then you will have to go to federal district court to try to overturn the decision.  Why not position yourself to win at the BCMR level from the very start?

[NOTE:  Mr. Schenk offers a free initial consultation]