IN THE CASE OF:
BOARD DATE: 15 September 2009
DOCKET NUMBER: AR20090005310
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, in effect, 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) be corrected.
2. The applicant states, in effect, the address in item 19a and the nearest relative in item 19b should be corrected to show a different mailing address and his wife as the nearest relative.
3. The applicant provides a notarized marriage license in support of his application.
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 record shows that on 10 January 1980 he was appointed as a U.S. Army Reserve (USAR) second lieutenant and entered active duty in that status on 26 March 1980.
3. On 30 September 1992, the applicant was honorably released from active duty (REFRAD) and transferred to the USAR Control Group (Reinforcement) in the rank of captain after completing a total of 12 years, 6 months, and 5 days of active military service. The DD Form 214 he was issued at the time lists a mailing address after separation in item 19a and his nearest relative in item 19b.
The applicant authenticated this document with his signature in item 21 (Signature of Member Being Separated) on the date of his REFRAD.
4. The applicant continued to serve in an active Reserve status until 30 June 2000, at which time he was transferred to the Retired Reserve in the rank of major based on his non-selection for promotion.
5. The applicant provides a marriage certificate that confirms he was married to his spouse on 3 August 2005 and he requests his wife be added to item 19b of his DD Form 214. He also provides a new mailing address to be added to item 19a.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains instructions for preparation of the DD Form 214. The instructions for completing items 19a and 19b state, in pertinent part, that the mailing address after separation and nearest relative to be entered will be provided by the Soldier. The instructions for item 21 state, in pertinent part, that the Soldier's signature indicates the Soldier reviewed the form and accepted the information as being correct to the best of his or her knowledge. There are no regulatory provisions that allow for altering or correcting a DD Form 214 to add information/data that changes subsequent to separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that items 19a and 19b of his DD Form 214 should be corrected to reflect a new mailing address and the spouse he married in 2005 was carefully considered. However, there is insufficient evidence to support this claim.
2. The address and nearest relative listed in items 19a and 19b of the applicant's DD Form 214 would have been provided by him at the time it was prepared and he authenticated the DD Form 214 with his signature in item 21 on the date of his REFRAD, which by regulation was his verification that he reviewed the DD Form 214 and the information on it was correct to the best of his knowledge at the time. There are no regulatory provisions that provide for changing the address and nearest relative in item 19 based on changes that occur subsequent to a member's REFRAD. As a result, there is an insufficient evidentiary basis to support granting the requested relief in this case.
3. 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 this 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.
ABCMR Record of Proceedings (cont) AR20090005310
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