Skilled Legal Representation For Members Of Every Service Branch

Testimonials

Federal Court Case – Judicial Review of Air Force Board for Correction of Military Records (AFBCMR) Decision

As one who knows, I can tell you Brian Schenk is the military law expert you should have on your side if you want to win your BCMR case.  In April of 2024 he prevailed against the Air Force Board for Correction of Military Records (AFBCMR) in my quest to have the Purple Heart medal awarded to my deceased father who was a retired USAF major.  This is special because it is likely my father will be the last WWII Army Air Force veteran to be awarded the Purple Heart.  I tried to win this fight without counsel for over 3 years and I had a great case with incontrovertible evidence that proved my father was wounded when his bomber was shot down by fighters in WWII.  He was captured immediately and sent to POW camp in Germany for 11 months.  The board denied the Purple Heart, claiming I had not applied within the 3 years allowed since discovery of the injustice to my father, although they did say how they made this determination.  I knew it was over and that’s when I found Brian Schenk.  I was convinced he could help me the first time I spoke to him and I could tell he believed in my case.  It was such a relief to turn everything over to him and stop fighting on my own because I was worn down.

Brian sued the Sec. of Defense and the Sec. of the Air Force in Maryland District Court, accusing the AFBCMR of violating the Administrative Procedures Act.  The court remanded the case to AFBCMR with the mandate to consider all of the evidence.  The Board finally ruled unanimously that my father was a victim of injustice and they corrected his records to show he was wounded in action in June of 1944.

MORE

Federal Court Case – Judicial Review of Army Board for Correction of Military Records (ABCMR) Decision

Brian was actually recommended by another lawyer who formerly practiced this area of law. I had my skepticism of the viability of my case as we had been fighting for roughly a decade before seeking his counsel. Brian quickly assuaged my concerns and explained how we were approaching the case wrong. With patience and care he explained the type of lawsuit we intended to mount was incorrect due to several reasons but most notably equitable tolling and when it started for my case was very unclear. We learned our initial lawsuit fell outside the statute of limitations due to the fact that tolling started on the first competent board rendered a decision on my case. This was unclear even to my brother, a JAG attorney which should tell you something about Brian’s understanding of the law.

Brian shifted our focus from a Tucker Act Lawsuit to an Administrative Procedures Act lawsuit in an effort to illustrate that the review board acted in an arbitrary and capricious manner in my case. Mr. Schenk brought this case to a swift conclusion finding relevant case law and even admonishing the ABCMR for trying to rely on a regulation to separate me that they refused to adhere to themselves. This is real advocacy, he brought my concerns to light and showed that the Army’s case was indefensible. Even despite the ABCMR returning the same decision when the case was remanded back to them, the Army’s counsel quickly decided to correct my record anyway based on the strength of Brian’s argument. 

It was very refreshing to emerge on the other side of this case feeling like my voice actually came through in the arguments presented. The icing on the cake for me was that Brian went so far as to find additional benefits that I had no idea I was entitled to, so ultimately I am walking away with an even better outcome than I expected in the first place. Brian is a fierce advocate, but also patient and understanding, these are great virtues which made my case my own. I would have zero reservations recommending his practice to other veterans.

United States Court of Federal Claims and Board of Corrections of Military Records Case

Brian Schenk is the consummate professional. As an attorney myself, I know I needed professional and knowledgeable representation for my Officer Grade Determination (OGD) case which had been remanded by the U.S. Court of Federal Claims to the Board of Corrections of Military Records (BCMR).  Brian became my champion both with the BCMR and with the Court of Federal Claims.

Earlier in my case, I had the representation of a pricy law firm where I was passed along in a revolving door of very young and inexperienced associates with varying degrees of skills.  This ended up costing me delays in getting my case resolved. Without my own knowledge of the law and involvement in my case, I would have lost early in the fight.  The costs also became prohibitive.

Brian’s intervention was a godsend.  He immediately took a great weight off my shoulders. He fought in the trenches with genuine passion and experience.  I trust him completely to fairly and expertly tackle any challenging military case.  Having him represent me was the best thing I could have done – so glad he was in my corner.  Thank you, Brian!

–A very grateful Colonel (Ret)

Army Discharge Review Board Case

Brian was recommended to me by another lawyer. He was very polite and walked me through everything step by step before I made the decision. It was definitely a process because we started during covid. There were a few times I gave up because we got notifications from the board saying that their decision will take 18+ months. But after 3 years I finally got my discharge appealed thanks to Brian and all of his hard work.

-Army Discharge Review Board (ADRB) client

Board for Correction of Naval Records (BCNR) case

Brian is an extraordinary lawyer. My situation was one in which there seemed to be little hope of changing. That makes me very glad that I found Brian Schenk. I must say that prior to connecting with Brian, I had obtained a couple of attorneys with a reputation for being prestigious and well known, but they were not nearly as effective as Brian. On four occasions, I had been denied an upgrade both by the DRB and the BCNR. When I contacted Brian, it would have made my fifth attempt to have my discharge upgraded. Several attorneys refused me because of the difficulties of my case. Brian admitted that my case was a complicated one, but one that he felt he had a chance of winning. I respect the fact that he never made any false promises to me. He told me that he would work as hard as he could to present my case effectively. Brian believed in me. He looked at all of the circumstances surrounding my OTH (Other than Honorable Discharge) from the Navy. He saw the truth behind the facts. Brian looked beyond the blunders and problems of a young seaman who had an alcohol problem while in the Navy, and focused on the positive work I put into my life of recovery. He presented my case in a manner that had never been done before. I think this is because he actually took the time to hear about who I was, and used that information to obtain a discharge upgrade on my behalf. It is obvious that he sees his legal service to military veterans as a calling. When I received the response from Brian that the board had upgraded my discharge to Honorable, his congratulations brought with it healing of a pain I had carried for forty-years because of the OTH discharge that I had received. I highly recommend Brian Schenk as an exceptional attorney for his superior and distinguished advocacy on my behalf. He kept me informed during the process from start to end. My only regret is that I did not meet Brian sooner. I will forever be grateful to Brian because work has changed my life. I will now be able to support and advocate on behalf of other veterans as a professional.

Sincerely,

A Grateful Honorably Discharged Navy Veteran

Board for Correction of Naval Records (BCNR) case

Due to a series of colossal Army ineptitudes, I found myself facing several hundred thousand dollars of Tricare debt and out-of-pocket medical expenses that I would not have had if the Army had not wrongly removed nine years of active duty, and the Tricare coverage that accompanies military retirement, which was also taken away.   After I won my battle with the ABCMR and got my retirement back, I attempted to get a refund from Tricare for the huge amount of expenses I had accrued during that time and to contest the debt they were claiming.  They, of course, refused, and I found out there is no internal mechanism in Tricare for addressing grievances.

Fortunately, in the middle of this nightmare, I was introduced to Brian Schenk, an attorney in Minnesota, who specializes in military law for veterans facing similar injustices due to military adverse action or inaction.  I explained my very long and complicated case to Brian.  He offered me realistic hope, explaining that there were in fact, precedents that would be in my favor. Over the months and a couple years that followed, Brian help me navigate through the ensuing bureaucratic quagmire, something I would have never been able to do myself.  I did not even know where to begin, in fact.   Even worse, had it not been for Brian, both the US Army and Tricare might have succeeded in making me believe that I was at fault and the problem was mine.  Brian knew how to recognize who was really at fault, the enormity of their guilt and how to work through their well-laid snares and landmines.  And he did so smoothly, professionally, and to great affect.  There were more times than I can count when Brian would not hesitate to rise to my defense, and take action against an unsympathetic system that was hell-bent on their own self interests, and not at all interested in true justice. Moreover, he also rose to my defense to fight multiple other bureaucracies outside the the government, including insurance behemoths, when I seemed to only be running into dead ends.

So, to try and make a very long list of accolades relatively short, I cannot say enough in support of Brian Schenk.  I think especially noteworthy of Brian is his obvious talent and intelligence to deal with confrontations as they arise, his sound judgment, high work ethic, sense of justice, and willingness to go the extra mile to fight for those who would otherwise be trampled over by a massively indifferent behemoth of a bureaucracy, the United States Army.

By the way, in the end, we won — everything.  The are no words to express the gratitude I feel.

-Retired U.S. Army Officer

Federal Court Case – Judicial Review of Army Board for Correction of Military Records (ABCMR) Decision

I became a client of Brian Schenk after the Army Board for Correction of Military Records had rejected a request to have my military records reflect a transfer of Post-9/11 G.I. Bill educational benefits to my children.  Unbeknownst to me, transfers of those benefits were required to be made prior to a service member’s retirement.  Because no one informed me of that requirement before I had retired, I never made such a pre-retirement transfer.  As it turned out, however, the Department of Defense had issued a regulation mandating each military department to counsel individually every service member on that requirement before their retirement.

Brian’s keen sense of injustice sensitized him to the unfairness of the dilemma in which I found myself.  The Army accused me of failing to make a pre-retirement transfer of my educational benefits notwithstanding its breach of the duty to have counseled me on that requirement before I retired.  Brian filed a complaint against the Army with the U.S. District Court in Washington, D.C.  He thereafter zealously pursued the case to a judgment in my favor.  That beneficial result took more than two years to achieve.  Throughout that time, Brian represented me with unwavering dedication, professional integrity, and uncommon legal expertise.  A short while ago, I was finally able to transfer educational benefits to my children, thanks in large measure to Brian’s superb representation of me.

LTC (Ret) Wayne P. Marta

22 April 2022

Navy Discharge Review Board Case

It is my pleasure to endorse and recommend Brian Schenk for any military and veteran law issues.  My son used his services for a complicated discharge upgrade appeal. Brian gave my family confidence in his ability and attention to details. I could tell we were not just a client! Brian listened to my son’s story and he developed a strategy which included on going communications during this long process. Brian gave us hope and more importantly, my son hope for a successful conclusion. Our case was complicated and Brian used all his resources to develop the best approach in preparation for the appeals hearing. As a parent, I trusted my son with Brian and knew he had his best interest at heart. I am happy to say that the appeal was successful and my son received his honorable discharge which should have happened 7 years ago!   I would highly recommend Brian to anyone in need and rest assured, he will do everything he can to fight for you or your loved ones in seeking justice.

-Father of client, Navy Discharge Review Board Case

Board for Correction of Naval Records (BCNR) case

Brian,

First of all, I can’t thank you enough for your military legal services and the success that they brought with our recent favorable results with the Navy’s Board for Correction of Naval Records (BCNR).

Since receiving the official letter from the Chairman of the BCNR and the subsequent letters that they sent to the Commandant and Secretary of the Navy, I have read and re-read these official documents, somewhat in disbelief and perhaps even a bit of shock.  It also caused me to go back and re-read your legal presentation to the board members. Having done so, it is painfully obvious why my case was adjudicated in our favor.  Cases such as mine are not often successful.  It is for that purpose that I felt compelled to write this letter.

There are a considerable number of former service members who find themselves in the same predicament as I.  When they need legal assistance, they have the ability, via the internet, to research attorneys nation-wide. As I alluded in the previous paragraph, many more will be unsuccessful than successful.

It is my hopes that you will be able to post some or all of this letter so that future potential clients will be able to see the results that you are capable of.  This letter is for them.  For their service, they deserve the best!

As I think back to our first telephone conversation, it was obvious that I had hit pay dirt.  Your questions were more than just “intuitive”.  Only someone with exceptional experience with military affairs would know to ask the probing questions that you asked.  Detailed. Specific. Thorough.  I didn’t have to spoon feed anything.

As I re-read your petition to the board members, I see the work of the consummate legal professional.  As the father of an attorney, I feel uniquely qualified to make that statement.  Over the years I have read and witnessed many of his prosecutorial and corporate filings. Your work is second to none! Compelling arguments.  Concise yet detailed and thorough.  And, most importantly . . .successful!

As I said, I hope that you will be able to use this letter in some way to convince future service men and women “in need” that they deserve your services as apposed to other attorneys that merely put up a fancy website.  If not, please accept this letter as a (somewhat wordy) heartfelt “Thank You”.  Every month, for the rest of my life, when I receive my retirement check I’ll hoist a beer in your honor.

And now, as I sign off, I’ll be able to use those three letters for the first time in writing.

R/S

D** A****

LtCol, USMCR (Ret.)

Federal Court Case – Judicial Review of Army Board for Correction of Military Records (ABCMR) Decision

“I am extremely grateful to Brian Schenk; his client-centered approach to my legal matter delivered a very positive—successful—outcome. Mr. Schenk approached my situation with considerable empathy, endeavoring to understand the legal issue from my perspective, and then developing a solid strategic concept backed by substantial legal research and precedent, to achieve positive results.

My situation can be summed as a series of missteps taken by the Army that prejudiced my career. I received an inaccurate OER that prevented me from promoting to the next rank. Despite repeated attempts to have this inaccuracy corrected, the OER remained in my file. Mr. Schenk’s actions helped me to have that OER removed, and have the Army address the injustice it caused.

– Commissioned Officer, US Army.”

“OUTSTANDING MEDICAL BOARD LAWYER

5.0 stars

Brian was my fiercest advocate during my formal medical board proceedings. He was knowledgeable but also understood the dynamics of the board!! Well prepared I NEVER worried about deadlines being missed or the wrong paperwork being submitted. He addressed my case in a manner that was not only clear and firm but allowed me to have a voice in the telling of my story!”
— TIFFANY, VIA AVVO

“Thank you so much for representing me today. I understand that its in your line of work but you made me feel like you did this from your heart and that shows passion for what you do. Win or lose you gave me the confidence that I will come out on top and for that I am ever so grateful. Safe travels back to Minneapolis and thank your wife for allowing me to borrow you for court.”
— K.S., (ARMY DISCHARGE REVIEW BOARD MATTER)

“So helpful and professional
5.0 stars

From the very first call, I could tell that he would be a great consultant for my case. Even before officially hiring Brian, he was very invested in my issue, which made me want to hire him as my lawyer. The documents he has prepared look very professional and organized. I don’t understand a lot of the lawyer terms but Brian was able to explain all the details and was very patient with me. Super friendly guy and I wouldn’t hesitate to hire him.”
— JIM, VIA AVVO

“Best attorney for the Job!!
5.0 stars

Brian did an outstanding job. He was professional, diligent, and very thorough. I can’t imagine going through this arduous process with anyone else. Trust him, depend on him, and rely on him. He won’t let you down.”
— -ANGELA, VIA AVVO

“Invested, Caring, and Intelligent Lawyer.
5.0 stars

Mr. Schenk worked on a case I had that involved ROTC at my university. The situation ended up being very complex and drawn out, but Mr. Schenk was outstanding throughout it all. It was intimidating trying to deal with all legal system processes, but he explained things very clearly to me and made things easy to understand. He was always available to contact about any questions that I had, and he responded quickly. He always made me feel like he was invested in my case, and his hard work and communication really made the difference for me. I’d recommend him to anyone who needs a military lawyer.”
— AMANDA, VIA AVVO

“Military Administrative law?…this is the lawyer you want!
5.0 stars

When your matter involves legal review of military personnel actions or Corrections Boards, you need look no further. I am a 30 year Army Special Forces NCO. In my case I retained legal services in order to correct numerous flaws in Army Administrative Bureaucracy which violated their own laws and numerous administrative rules. Injustices and regulation violations which effected my military career. Brian’s experience and knowledge focuses precisely on this niche area of legal practice. Mr. Schenk is patient with his clients explaining the process, gathering the relevant details and supporting evidence down to minutia. He then formulates the arguments which have the highest likelihood of success and drafts the facts both comprehensively and succinctly into his legal brief making the errors logical and obvious. His work is extremely detailed and shows hours of analysis and research. The tiered legal forums, processes and various levels of appeal can be be lengthy time consuming. Mr. Schenk will strongly advocate for you for the long haul and be relentless in correcting injustices in your file. He is very sympathetic of the financial implications and constraints that clients are placed in order to tackle Government agencies.
If you are or know of military members who need this type of assistance, turn them Mr. Schenk’s way. Don’t make the mistake of not contacting Brian first.
My case is not yet complete. However, thanks to his hard work, thorough knowledge of military and administrative law, and his superb attention to detail, the many errors and injustices contained in my military records were exposed and removed from my official military record…all with accordant back pay and other entitlements!”
— SFC K. US ARMY SPECIAL FORCES, VIA AVVO

“5.0 stars

Brian Schenk was the primary author for all legal filings on my BCMR appeal through the DC court system over a five plus year period. Unique ability to capture the messages and key points of law. He’s earned my highest recommendation. I would hire him again in a heartbeat.”
— BCMR APPEAL, ANONYMOUS, VIA AVVO

“Brian was fantastic in distilling a very complex situation into a clear salient case that was easy to understand and argue. His patience and diligence was invaluable!”
— MAJOR C., USAFR

“Excellent attorney.
5.0 stars

I hired Brian to help on a security clearance and GOMOR (general officer memorandum of reprimand) and I can not express how great of a job he did.

I have went through several attorneys in family court (3 to be exact) and have never had as good of representation than I got with Brian.

HIGHLY recommend to anyone seeking an attorney”
— ANONYMOUS, VIA AVVO