Record Correction Results
Our Case Results
Below are summaries of cases that Attorneys Barry, Willard, and Gittleman have worked on. Results cannot be guaranteed and each case’s results depend on its specific facts and circumstances. Contact us today for a free case consultation on your specific case!
Record Correction Results
A Veteran was medically separated instead of being medical retired
Result: Medically Retired dating back to 1990
A Veteran was medically separated in 1990 after being rated at 20% for his disqualifying condition. Attorney Barry drafted a request to the Board for Corrections, which resulted in the accused being medically retired dating back to 1990. The accused received back-pay and is immediately eligible for Tricare, in addition to other retired benefits.
A Veteran received a Other than Honorable (OTH) discharge
Result: Upgraded to General, under honorable conditions, Discharge
A Veteran received an OTH discharge through a Chapter 10 Discharge in lieu of Trial by Court-Martial for allegations of theft. Attorney Barry drafted the accused's request for a discharge upgrade, which highlighted his minor culpability in the crime itself, as well as his commendable post-service conduct. The accused's discharge was upgraded to General, under honorable conditions, making him eligible for almost all VA benefits. The Veteran's Narrative Reason for Separation was also changed to "Secretarial Authority."
An Army SSG Received a Referred OER
Result: NCOER Removed from his Record
An Army SSG received a referred NCOER. Attorney Barry initially challenged the NCOER through a Commander's Inquiry that was never disclosed. After the Army Special Review Board denying the accused's NCOER appeal application, Attorney Barry drafted another appeal to the Army Board for Corrections of Military Records (ABCMR). The ABCMR agreed with Attorney Barry's numerous arguments, and the NCOER was removed from the accused's AMHRR.
A Veteran received an OTH Discharge and was Denied all VA Benefits
Result: VA Benefits Restored
The Veteran was discharged with an OTH discharge decades earlier. Attorney Barry drafted a discharge upgrade application, which included numerous medical records, medical opinions, and new evidence. While the Veteran's discharge was not upgraded, the Veteran used Attorney Barry's work to apply for VA Benefits. The accused is now eligible to receive disability compensation, which was his original goal.
A Veteran received an RE Code that prevented her from joining the Service again
Result: Upgraded to an RE Code that allows re-entry
The Veteran received an RE Code that prevented her from serving again. Attorney Barry previously got her narrative reason for separation changed, due to legal error. At a personal appearance in front of the Discharge Review Board, Attorney Barry advocated on behalf of the accused, successfully convincing the Board to upgrade her RE Code to one that allows her to join the Service again.
A Veteran received a General, under honorable conditions, discharge for not getting the COVID Vaccine
Result: Upgraded to Honorable Discharge and an RE Code of 1
The Veteran, a former Army Soldier, received a General, under honorable conditions, discharge for refusing to take the COVID Vaccine. Attorney Barry drafted the accused's discharge upgrade request, demonstrating how the order to take the vaccine was actually not lawful. The Discharge Review Board agreed and updated the accused's discharge to Honorable and upgraded his RE Code to one that would allow him to serve again.
The Accused received a referred OER stating he did not support the Army Sexual Harassment and Assault Prevention Program
Result: That negative comment was removed
The Accused, an Army Chief Warrant Officer 2, received an OER stating he did not support the SHARP program. This was a result of an investigation that concluded he committed extramarital sexual conduct. Attorney Gittleman prepared a rebuttal explaining that this conduct does not amount to a violation of the Army’s SHARP policies. As a result, that negative language was removed from the evaluation.
The Accused faced a relief for cause NCOER due to alleged harassment
Result: The Accused was not relieved and did not receive any adverse action.
The Accused, an Army Staff Sergeant, was facing a relief for cause NCOER after an investigation found he had harassed his subordinates. Attorney Gittleman investigated the case and obtained witness statements from Soldiers who were not interviewed in the investigation. Attorney Gittleman submitted a rebuttal, showing that the allegations against him were false. No adverse action was taken against the Accused.
An Air Force MSgt was titled in NCIC for possession of drugs and an unregistered firearm
Result: No longer titled in NCIC
An Air Force MSgt was previously titled in NCIC for possession of drugs and an unregistered firearm which was affecting her career and life. Attorney Barry assisted the accused with her titling removal by collecting additional evidence and drafting a legal argument to OSI. Attorney Barry argued that it was clear that the MSgt's ex-husband was the one that possessed the items in question and that as soon as she found out, she ordered him to get rid of them. After reading Attorney Barry's appeal, OSI agreed and removed the accused's name from NCIC; she now has a clean background check.
A former CID agent was titled for sexual abuse of a child
Result: Child Offense Removed in NCIC Database
A former CID agent was titled in NCIC for sexual abuse of a child after accusations were made against him by his ex-wife. Attorney Barry drafted an appeal to CID arguing that there was insufficient evidence to warrant titling. Ultimately CID agreed with Attorney Barry and removed his titling for a child offense.
An Army CPT Received a Referred OER
Result: OER Removed from his AMHRR
An Army CPT received a referred OER. Attorney Barry first worked with the accused's chain of command to receive a copy of the Commander's Inquiry that concluded that the rater of the Officer was biased against him. Attorney Barry then collected additional evidence and drafted his appeal to the Army Special Review Board (ASRB). Ultimately, the ASRB agreed with Attorney Barry and removed the CPT's OER from his AMHRR.
A Former Army SFC was Separated with an Other than Honorable Discharge
Result: The Veteran Received full Military Retirement Benefits
The Veteran, a former retirement eligible Army SFC, was separated from the Army for theft that resulted in a federal conviction and jail time. The Veteran attempted, multiple times, to get his discharge upgraded and retirement reinstated before retaining Attorney Barry. After Attorney Barry created and submitted a lengthy application with additional information/evidence to the Board of Corrections, the Veteran was placed on the retirement list. He now receives all Military Retirement Benefits, including a pension.
An Army LTC was "Titled" in the NCIC Database for Sexual Assault
Result: The Accused was Untitled and Removed from the NCIC Database
The accused, an Army LTC, was titled in the FBI NCIC Database for Sexual Assault (Article 120). Attorney Barry appealed this "titling" determination to CID, citing the lack of evidence and contradicting statements. Attorney Barry also collected additional evidence, further calling into question the allegations. Ultimately CID agreed and removed him as a subject of the investigation in question. The accused now has a clean background check.
An Army 1LT Received a Referred OER
Result: OER Removed from his AMHRR; promotion reconsideration granted
An Army 1LT received a referred OER that was affecting his ability to promote to CPT. After collecting additional evidence, Attorney Barry drafted an appeal to the Army Special Review Board (ASRB). The ASRB agreed with Attorney Barry that the 1LT's due process was violated and the OER in question was removed from the his OER from his AMHRR. He was also granted special promotion reconsideration.
NCIS reported to NCIC that the Veteran was arrested for Possession of an Illicit Substance (Steroids)
Result: Disposition updated in NCIC
NCIS reported to the National Criminal Information Center (NCIC) that the Veteran was arrested for Possession of an Illicit Substance (Steroids). Attorney Barry petitioned NCIS and argued that the substance in question actually tested negative for steroids. NCIS agreed with Attorney Barry and the Veteran is now only "titled" for attempted possession, instead of being "titled" for a drug offense.
The Veteran was discharged with an Other than Honorable Discharge
Result: Veteran Received an Honorable Discharge for a Prior Period of Service
The Veteran was discharged for drug use with an Other than Honorable Discharge. Attorney Barry assisted the Veteran with collecting additional information, including his numerous post-service accomplishments. While the Board for Corrections of Military Records affirmed the Veteran's characterization of service, they agreed to update his DD214 with a prior period of Honorable Service. The Veteran will now get VA benefits for that prior term of service.
The Veteran was discharged with an Other than Honorable Discharge
Result: Discharge Upgraded to General, under honorable conditions, and the Narrative Reason for Separation was changed
The Veteran was discharged for missing too many drills and was issued an other than honorable discharge without a separation board. Attorney Barry spent years collecting additional evidence and arguing to the Discharge Review Board that his discharged should be upgraded. After multiple applications, the accused's discharged and narrative reason for separation was changed, primarily because the accused was unable to attend drill because of a serious medical condition and not because of willful misconduct.
CID reported to NCIC that the Servicemember was convicted at a Court-Martial
Result: Disposition updated in NCIC
CID reported to the National Criminal Information Center (NCIC) that the Servicemember (an Active Duty O4) was convicted at a Court-Martial. Attorney Barry was originally retained to represent the Servicemember at a Promotion Board; however, Attorney Barry realized that the accused was unaware that NCIC was showing he was convicted. Attorney Barry prepared an application to CID headquarters, which resulted in the correct disposition being reported in NCIC.
The Veteran sought a Discharge Upgrade after receiving a General, under honorable conditions, Discharge
Result: Upgraded to Honorable Discharge
The Veteran contacted Attorney Barry looking to upgrade his discharge. Attorney Barry collected additional evidence detailing the Veteran's significant combat experience that was relating to his admitted misconduct Furthermore, Attorney Barry pointed out legal error in the Veteran's discharge. The Army Discharge Review Board agreed with Attorney Barry and upgraded the Veteran's discharge to Honorable, making him eligible for all VA benefits.
The Veteran Sought to Reenter the Service
Result: Veteran Received Full Retirement Benefits
The Veteran contacted Attorney Barry looking to change his DD214 so he could reenter the Service. Upon a review of his Military Record, Attorney Barry noticed that the Veteran was already medically retired and should have been receiving benefits. The Veteran brought his retirement orders to an ID card office and he was issued retired IDs for him and his family. The Veteran now has full retirement benefits, including Tricare for him and his family.
The Veteran was discharged with an Honorable Discharge and an RE3G
Result: Narrative Reason for Separation Changed and RE Code Changed to RE1
The Veteran was discharged with an Honorable Discharge for a Condition Not a Disability. Attorney Barry represented the accused at a personal appearance before the Discharge Review Board, arguing that the Command did not follow the proper steps before separating the accused. The Board ultimately agreed, and the Accused had his Narrative Reason for Separation changed to "Secretarial Authority" and his RE Code changed to an RE1. The accused can now re-enlist, which was his goal.
The Veteran sought to add her son to the Survivor Benefit Program (SBP)
Result: Son added to SBP
The Veteran previously removed her son from the SBP; however, after that was done, her son became mentally ill and dependent for care. Attorney Barry assisted the Veteran in getting her son back on the SBP, which was accomplished after making retroactive payments.
The Veteran was discharged for fraudulent entry
Result: Narrative Reason for Separation Changed
The Veteran was discharged for fraudulent entry, for allegedly not disclosing a previous medical condition. Attorney Barry collected a substantial amount of new evidence, demonstrating that the accused did disclose her medical condition prior to her enlistment. Her narrative reason for separation was changed.
The Veteran was discharged years earlier with an Other than Honorable Discharge
Result: Discharge Upgraded to General, under Honorable Conditions
The Veteran was discharged more than 15 years ago with an Other than Honorable Discharge after facing Court Martial charges for multiple instances of violating a lawful order and disrespect. Attorney Barry drafted the accused's discharge upgrade request, which included a statement from an individual the accused served with, among other evidence, documenting the mistreatment the accused received at the hands of the Command. The Board of Corrections recommended, by 2-1 vote, that the accused's discharge upgrade request be denied; however, the Deputy Secretary of the Army disagreed and upgraded the accused's characterization of service to General, under Honorable Conditions.
An Army 1LT Received a Referred OER
Result: OER Removed
An Army 1LT, received a referred OER from his rater. Attorney Barry assisted the accused in requesting a Commander's Inquiry, due to the rater's bias. The Commander's Inquiry came back substantiating the 1LT's claims and recommended that the OER be removed. Attorney Barry drafted an OER appeal to the Army Special Review Board, which resulted in the OER being removed from the 1LT's record. Furthermore, the Army Special Review Board found that the 1LT's due process was violated.
An Army CPT was "Titled" in the NCIC Database for Numerous Crimes
Result: The Accused was Untitled and Removed from the NCIC Database
The accused, an Army CPT, was titled in the FBI NCIC Database for numerous violations of Federal Law and Article 92, UCMJ. Attorney Barry appealed this "titling" determination to CID, citing that there was no legal theory that the accused violated the UCMJ or Federal Law. Attorney Barry also collected additional statements from individuals who were involved in the incident in question. Ultimately, CID agreed with Attorney Barry and removed him from the NCIC Database.
The Veteran was discharged with an Other than Honorable Discharge
Result: Discharge Upgraded to Honorable; Narrative Reason for Separation Changed; Re-entry Code Changed
A Marine Veteran was separated years earlier for drug use. Before retaining Attorney Barry, the accused's discharge was upgraded to General, under honorable conditions. Wanting to enlist again, the accused retained Attorney Barry to change his narrative reason for separation and re-entry code. Attorney Barry collected additional evidence and drafted a new application. Attorney Barry also advocated for the accused at a virtual hearing. Ultimately, the Naval Discharge Review Board agreed with Attorney Barry and upgraded the accused to an Honorable discharge. The Discharge Review Board also changed the accused's narrative reason for separation, separation code, and re-entry code. The accused can now enlist to serve again.
The Veteran was discharged with an Other than Honorable Discharge
Result: Discharge Upgraded to General, under Honorable Conditions
The Veteran was discharged for going AWOL and drug use over 20 years ago. The Veteran previously applied for an upgrade and was denied. The Veteran retained Attorney Barry to assist with another application. With Attorney Barry's assistance, the Veteran's Discharge was upgraded to General, under Honorable Conditions. The Veteran is now eligible for many VA benefits, including disability compensation.
The Veteran was discharged with a General, under Honorable Conditions, Discharge
Result: Discharge Upgraded to Honorable; Narrative Reason for Separation Changed
The Veteran, a sexual assault survivor, was discharged for a personality disorder. Attorney Barry assisted the Veteran with her application, writing a letter pointing out the numerous violations of the regulation. The Board ultimately agreed with Attorney Barry, upgrading her discharge to Honorable and changing her Narrative Reason for Separation.
The Veteran was discharged with a General, under Honorable Conditions, Discharge
Result: Discharge Upgraded to Honorable; Narrative Reason for Separation Changed; MOS Updated on DD214
The Veteran, an Iraq War Veteran with documented PTSD, was discharged for a pattern of misconduct. Attorney Barry assisted the accused in gathering buddy statements and medical records, as well as drafting his application. The Board of Corrections ultimately agreed with Attorney Barry, updating the Veteran's Characterization to Honorable. The Board also updated the Veteran's Narrative Reason for Separation and MOS on his DD214.
The Veteran was discharged with a General, under Honorable Conditions, Discharge
Result: Discharge Upgraded to Honorable
The Veteran, an Iraq War Veteran with documented PTSD, was discharged for drug abuse after admitting to using THC. Attorney Barry assisted the accused in gathering medical records and buddy statements, describing the conditions of the Veteran's deployment as well as the effects it had on him. Attorney Barry also drafted the Veteran's application, highlighting his post-service conduct. Ultimately, the Army Board of Corrections agreed that it was unjust to issue a General Discharge, and upgraded it to Honorable.
The Veteran was discharged with a Re-entry code of 4
Result: Re-entry code changed to 1
The Veteran was discharged with a Re-entry code of 4. Attorney Barry assisted the accused with his application to the Board for Corrections of Naval Records. Ultimately, the Board agreed that it was unjust to issue the Veteran a Re-entry code of 4 and changed the code to a 1. The Veteran, effectively, was allowed to enlist again.
The Veteran believed he was discharged with an Other than Honorable (OTH) Discharge
Result: The Marines Confirmed that there was no Record of an OTH Discharge
The Veteran was discharged with what he believed was an OTH Discharge. Attorney Barry put together an application to the Discharge Review Board. The Board attempted to locate any record of an OTH discharge for the Veteran and was not able to do so. The Veteran no longer has to report an OTH discharge to prospective employers. After the confirmation from the Board, the Veteran worked with a recruiter to rejoin the Service.
The Veteran believed he was discharged with an Other than Honorable (OTH) Discharge
Result: The Navy Confirmed that there was no Record of an OTH Discharge
The Veteran was discharged with what he believed was an OTH Discharge. Attorney Barry put together an application to the Discharge Review Board. The Board attempted to locate any record of an OTH discharge for the Veteran and was not able to do so. The Veteran no longer has to report an OTH discharge to prospective employers.
CID reported to NCIC that the Veteran was convicted at a Court-Martial
Result: Disposition updated in NCIC
CID reported to the National Criminal Information Center (NCIC) that the Veteran (a retired E8) was convicted at a Court-Martial. Attorney Barry petitioned CID, ultimately convincing them that the report was incorrect. The entry in NCIC was updated to reflect the accurate disposition.
CID reported to NCIC that the Veteran was still under CID investigation
Result: Disposition updated in NCIC
CID reported to the National Criminal Information Center (NCIC) that the Veteran (a former Cadet) was still under active investigation. Attorney Barry petitioned CID, ultimately convincing them that this was incorrect. The record was updated in the NCIC database.