IN THE CASE OF:
BOARD DATE: 21 January 2009
DOCKET NUMBER: AR20080016376
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that Item 19a (Mailing Address After Separation) and Item 19b (Nearest Relative) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 31 August 1992 be changed to reflect his current wife and his current address.
2. The applicant states he divorced his former wife years ago and he now resides in Williamstown, New Jersey.
3. The applicant provides, in support of his application, copies of his DD Form 214 and his marriage certificate, dated 25 June 2005.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's DD Form 214 shows he served in the Regular Army from
29 July 1971 until he was released from active duty due to retirement on 31 August 1992.
3. Item 19a of his DD Form 214 shows a mailing address in Glassboro, New Jersey at the time of his release from active duty.
4. Item 19b of his DD Form 214 shows the name of his wife, N_____d, at the time of his release from active duty.
5. The marriage certificate submitted by the applicant shows he married S___l on 25 June 2005.
6. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. This regulation provides that Item 19a of the DD Form 214 contains the mailing address and county of residence furnished by the individual at the time of separation. This regulation also provides that Item 19b of the DD Form 214 contains the name and mailing address of nearest relative, furnished by the individual at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the name of his nearest relative and address on his DD Form 214 issued over 16 years ago should be changed to reflect his current wife and address.
2. It is reasonable to conclude the mailing address in Item 19a and the name of the applicants nearest relative, his wife at the time, in Item 19b of his DD Form 214 were provided by the applicant at the time of separation. The applicant's signature on the DD Form 214 verifies the entries on the DD Form 214 were correct on the date he was separated from active duty.
3. The evidence provided by the applicant shows he has remarried and has moved his residence since his date of separation from active duty. However, these changes over 16 years after his separation do not provide a basis for changing the information in Items 19a and 19b of his DD Form 214.
4. The Army has an interest in maintaining the integrity of its records for historical purposes. The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created.
5. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy that requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X___ ____X___ ____X___ 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.
_______ _ X _______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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