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The final prong of the Evaluation Report Redress Program is the ABCMR. This administrative body has the power to effectively change or alter personnel documentation maintained within the Department of the Army.
The ABCMR directs or recommends correction of military records to remedy an error or injustice in cases properly brought before it.
The ABCMR's failure to take meaningful account of PTSD in applications by Vietnam veterans is the subject of recent litigation.
(16(pp1-2)) Appellants must carefully choose their forum as DoD PDRB appellants may not seek subsequent nor concurrent relief from the ABCMR on the same issue.
Practical Considerations Regarding the ADRB and ABCMR
For reasons that are not clear from the legal records in the proceedings, it took Brigadier General Koster more than five years to submit a 415-page brief with seventy-five exhibits to the ABCMR. (38) This explains why it was not until March 1980 that the ABCMR was able to act upon Koster's January 1974 petition.
(145) Also, the cadet is able to appeal to the ABCMR to correct military records related to the disenrollment.
(28) On 1 March 1967, the ever-persistent Homcy filed yet another application with the ABCMR. This time, however, he alleged new grounds for relief: unlawful command influence (UCI).
(31) Despite this new evidence indicating UCI, the ABCMR denied Homey's application without a hearing on 27 April 1967.
When the statute and ABCMR's governing regulation, Army Regulation (AR) 15-185, refer to "errors," they are referring to factual or legal errors that can disadvantage an individual.
A servicemember may submit a request to the ABCMR to correct his records.
(64.) Instead of ordering a show cause hearing, the ABCMR ignored the broader constitutional concerns raised by Major Gonzalez, and did not examine whether the existing regulatory procedures were adequate.
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