RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 05 February 2008
DOCKET NUMBER: AR20070015917
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
Ms. Deyon D. Battle
Analyst
The following members, a quorum, were present:
Mr. Kenneth L. Wright
Chairperson
Mr. Antonio Uribe
Member
Mr. Ronald D. Gant
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 Certificate of Release or Discharge from Active Duty (DD Form 214) be corrected to remove the name of his former spouse as his nearest relative.
2. The applicant states, in effect, that they resided together for only 5 months during their marriage. He states that he and his former spouse married in March 2002 and that she "moved out" in November 2005. The applicant states that he and his former spouse divorced on 4 April 2007. He states that his deployment, while he was in he military, created a hardship and strain on their relationship. He states that he feels as though her name should be removed from his DD Form 214. He states that this action will take both a great burden and stress off of his "emotional toll."
3. The applicant provides in support of his application, a copy of his Default Judgment and Decree of Dissolution of Marriage.
CONSIDERATION OF EVIDENCE:
1. The available records indicate that the applicant was a member of the Army National Guard when he was ordered to active duty effective 15 March 2003.
2. He was honorably retired on 7 June 2005, under the provisions of Army Regulation 635-40, due to a physical disability and he was placed on the Temporary Disability Retired List on the following day.
3. The DD Form 214 that he was furnished at the time of his retirement lists his former wife as he nearest relative. The applicant signed his DD Form 214 at the time of his retirement.
4. The Default Judgment and Decree of Dissolution of Marriage that the applicant has submitted in support of his application shows that his marriage to his former spouse was dissolved on 4 April 2007.
5. Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that the DD Form 214 will be prepared to reflect an individual's service as it exists on the date of release from active duty (REFRAD) or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 was prepared in accordance with applicable regulation.
2. His contentions have been noted. However, the fact that his marriage was dissolved on 4 April 2007 is not a sufficient justification for correcting his DD Form 214. At the time of his retirement, he listed his former spouse as his nearest relative and the signed his name on his DD Form 214 indicating that the information contained therein was correct. In accordance with the applicable regulation, his DD Form 214 was prepared to reflect his service as it existed on the date of REFRAD or discharge. Therefore, there is no basis for correcting his DD Form 214 to remove the name of his former spouse as his nearest relative.
3. In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
4. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__KLW__ __AU___ __RDG___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
____Kenneth L. Wright____
CHAIRPERSON
INDEX
CASE ID
AR20070015917
SUFFIX
RECON
DATE BOARDED
20080205
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1. 189
110.0000/DISCHARGE DOCUMENT
2. 2
100.0100/REMOVE NAME
3.
4.
5.
6.
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