What are the new rules for BCNR requests?
What are the new rules for BCNR requests?
Since then, the BCNR had been applying a strict, one-year deadline in addition to a requirement for new and material evidence (as determined by the BCNR itself), striking the more flexible option to submit “other matters” not previously considered by the Board.
What does new and material evidence mean in BCNR?
The Board merely required “new and material evidence or other matter not previously considered by the Board” but allowed BCNR staff to determine whether the evidence was “new and material.” 32 C.F.R. § 723.9.
Is there a post Lewis policy at the BCNR?
BCNR’s post- Lewis reconsideration policy is unclear since the provisions have been invalidated and no new regulations have been published. The BCNR’s website purports to be implementing Lipsman and that “the Board will reconsider an application if an applicant submits new evidence not previously considered by the Board.”
What are the rules for a bcmr reconsideration?
Each BCMR has its own particular reconsideration requirements that must be satisfied or the Board will return the request without action. Generally, the rules for reconsideration are published in the Code of Federal Regulations and service-specific governing regulations.
Since then, the BCNR had been applying a strict, one-year deadline in addition to a requirement for new and material evidence (as determined by the BCNR itself), striking the more flexible option to submit “other matters” not previously considered by the Board.
The Board merely required “new and material evidence or other matter not previously considered by the Board” but allowed BCNR staff to determine whether the evidence was “new and material.” 32 C.F.R. § 723.9.
BCNR’s post- Lewis reconsideration policy is unclear since the provisions have been invalidated and no new regulations have been published. The BCNR’s website purports to be implementing Lipsman and that “the Board will reconsider an application if an applicant submits new evidence not previously considered by the Board.”
Is the Navy going to update the BCNR?
Contrary to the Army’s approach, the Navy did not update any regulations to reflect the change nor did they make any meaningful effort to notify potential applicants. If you think this is unfair, you’re not alone. But the lack of publication is only one of a number of anti-applicant actions made by the Board and Government counsel.
Each BCMR has its own particular reconsideration requirements that must be satisfied or the Board will return the request without action. Generally, the rules for reconsideration are published in the Code of Federal Regulations and service-specific governing regulations.