Course Description
The United States Armed Forces are a lethal fighting force; however, they are more frequently than not bad a keeping accurate and timely human resources records. Adding a layer of complexity is the growing reliance on administrative military discipline which has the potential to derail careers, promotions, and in an alarming way, create a lifelong civilian criminal arrest record. The boards for the correction of military and naval records (the “BCMR”) is the sole avenue for Service members to correct or remove any administrative error or injustice. BCMRs are the final step in the exhaustion of administrative remedies prior to heading to litigation under the Administrative Procedures Act, the Military Pay Act, etc. Creating the administrative record at the BCMR is absolutely critical for successful litigation in the Court of Federal Claims, or any federal court.
This course is designed to provide insight into records correction process and guide practitioners through the wickets to understand how to overcome a practical doctrine of administrative compliance, e.g., did the government provide notice and right to be heard, and did the government comply with its own regulations. Importantly too, ensuring a complete administrative record is created if litigation becomes necessary.
Syllabus
- Introduction to the Uniformed and Armed Services
- Statutory and Regulatory Authorities for Corrections Boards
- The Boards for the Correction of Military and Naval Records and Discharge Boards
- Justiciable Issues
- Important Documents
- Practice Points