As a military service member or veteran, you may find yourself needing to correct an error or injustice in your military records. The Board for Correction of Military Records (BCMR) is the body responsible for reviewing these requests, typically submitted through a DD Form 149. A key part of this process is the Advisory Opinion, which can significantly impact your case. At Parlatore Law Group, we want to empower you with the knowledge to navigate this process effectively.
What is an Advisory Opinion?
After you submit your DD Form 149 to request a correction to your military records, the BCMR may seek an Advisory Opinion from the relevant military branch (Navy, Marine Corps, Army, Air Force, or Coast Guard). This opinion is essentially the branch’s response to your request, providing their perspective on whether the correction should be granted.
More often than not, the Advisory Opinion recommends denying the requested relief. While this can feel discouraging, it’s critical to understand that the Advisory Opinion is only one piece of evidence in your case. The BCMR is required to make an independent determination, meaning they must consider all evidence, including your petition, supporting documents, and any rebuttal you provide.
Why Do Advisory Opinions Matter?
Advisory Opinions carry weight because they come from the military branch with direct knowledge of your records and the context of your service. However, the BCMR’s role is to remain impartial and evaluate the case holistically. Unfortunately, many BCMR decisions align with the Advisory Opinion, which can make it seem like the deck is stacked against you.
This is where understanding your rights and options becomes essential. The Advisory Opinion is not the final word, and you have the opportunity to respond to it. A well-crafted response can challenge inaccuracies, present additional evidence, or highlight legal or procedural errors in the opinion, significantly strengthening your case.
An important note about timing:
Once an Advisory Opinion is issued, the petitioner typically has 30 days from the date of receipt to respond. A 30-day extension is usually available upon request, but it’s crucial to act promptly.
Why respond? Failing to submit a response may result in the BCMR viewing the points made in the Advisory Opinion as conceded. Your rebuttal is your opportunity to correct the record and make your case — don’t let it go unheard.
The Value of Legal Representation
Engaging an experienced attorney at the start of the BCMR process is ideal, as they can help you build a strong case from the outset. However, if you’ve already received an Advisory Opinion recommending denial, it’s not too late to seek legal help. An attorney can:
- Analyze the Advisory Opinion: Identify weaknesses, inconsistencies, or errors in the branch’s response.
- Craft a Strategic Rebuttal: Present compelling arguments and evidence to counter the Advisory Opinion and support your request.
- Navigate BCMR Procedures: Ensure your response adheres to deadlines and requirements, maximizing your chances of a favorable outcome.
- Advocate for Your Rights: Highlight why the BCMR should make an independent determination in your favor, rather than simply deferring to the Advisory Opinion.
At Parlatore Law Group, our attorneys are well-versed in military law and have extensive experience assisting service members with BCMR cases. We understand the unique challenges you face and are committed to helping you achieve justice.
Tips for Responding to an Advisory Opinion
If you choose to respond to an Advisory Opinion on your own, consider these steps:
- Review the Opinion Carefully: Look for factual inaccuracies, missing context, or unsupported conclusions.
- Gather Supporting Evidence: Collect documents, witness statements, or other materials that bolster your case and rebut the arguments presented in the Advisory Opinion.
- Address Specific Points: Directly respond to the reasoning in the Advisory Opinion, explaining why it may be flawed or incomplete.
- Meet Deadlines: The BCMR typically provides a limited window (usually 30 days) to respond—don’t miss it!
- Seek Professional Guidance: Even if you don’t hire an attorney for the entire process, a consultation can help you refine your response.
Why Choose Parlatore Law Group?
Correcting your military records can have a profound impact on your benefits, career, and legacy. At Parlatore Law Group, we are dedicated to serving military service members from all U.S. branches. Our team combines legal expertise with a deep respect for your service, ensuring you receive the advocacy you deserve.
Whether you’re just starting the BCMR process or need help responding to an Advisory Opinion, we’re here to guide you every step of the way. Contact us today or schedule a consultation to learn more about how we can help achieve a fair outcome.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Readers are encouraged to speak with counsel of their choice for advice concerning their specific circumstances.
