RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 31 July 2007
DOCKET NUMBER: AR20070002132
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Ms. Catherine C. Mitrano
Director
Mr. Dean L. Turnbull
Analyst
The following members, a quorum, were present:
Ms. Jeanette R. McCants
Chairperson
Mr. Thomas M. Ray
Member
Mr. Jeffrey C. Redmann
Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his records be corrected by removing his former wife's name from item 9b (Nearest Relative) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states, in effect, that he remarried 10 years ago and he would like to have his former wife's name removed from item 9b of the DD Form 214. He states that his current wife should be acknowledged as his wife not his former wife. He states that he and his wife have continuously debated the issue and they feel it is unfair.
3. The applicant provides a copy of his DD Form 214, Divorce Decree dated
29 August 1997, and a Certificate of Marriage Registration dated 12 September 1997.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged injustice which occurred on 21 April 1995. The application submitted in this case is dated 24 January 2007.
2. Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicants failure to timely file.
3. The applicant's military records show that he entered active duty on 22 August 1990. He completed basic combat training and advanced individual training and was awarded the military occupation specialty 92A1O (Equipment Record and Parts Specialist).
4. He served continuously on active duty until he was honorably released from active duty on 21 April 1992. He had completed 4 years and 8 months of active service.
5. Item 19b (Nearest Relative) of the applicant's DD Form 214 shows the entry "J_ _ _ _ O_ _ _ _, _ _ _ Leray Street, Watertown, NY 13601-0000."
6. The applicant's divorce decree shows that he divorced his former wife (on
29 August 1997), over two years after he was released from active duty. His Certificate of Marriage Registration shows that he remarried (on 12 September 1997), two weeks after he was divorced.
7. Army Regulation 635-5 (Separation Documents), establishes the standardized policy for preparing and distributing the DD Form 214. This regulation provides that item 19b of the DD Form 214 contain the name and mailing address of the nearest relative, furnished by the Soldier at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends, in effect, that item 19b of his DD Form 214 needs to be corrected.
2. Army Regulation provides that item 19b of the DD Form 214 contain the name and mailing address of the nearest relative, furnished by the Soldier at the time of separation.
3. The records show that the name and mailing address of the nearest relative were provided by the applicant at the time the DD Form 214 was being prepared. Also, the date of his divorce from his former wife and his date of marriage to his current wife occurred over two years after he was released from active duty. Therefore, he is not entitled to correction of his record in item 19b of the
DD Form 214.
4. While the Board understands why the applicant would like this correction, for historical purposes the Army has an interest in maintaining the accuracy of its records. The information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.
5. Records show the applicant should have discovered the alleged error or injustice now under consideration on 21 April 1995; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
20 April 1998. The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___jrm___ ___jcr___ ___tmr__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law. Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.
__________Jeanette R. McCants_____
CHAIRPERSON
INDEX
CASE ID
AR20070002132
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070731
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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