BOARD DATE: 20 January 2010
DOCKET NUMBER: AR20090013500
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to change the date of his separation and the name and address of his nearest relative.
2. The applicant states that he was separated on 6 February 2003 and placed on the Temporary Disability Retired List (TDRL). He was removed from the TDRL on 4 August 2004. He wants his date of separation changed to show the date of his removal from the TDRL so that he will receive full benefits from the Department of Veterans Affairs. He also contends that the name of his nearest relative in item 19b of his DD Form 214 is wrong and should be changed.
3. The applicant provides a copy of Orders D217-07, U.S. Army Physical Disability Agency, dated 4 August 2004, 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. On 19 January 2000, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 31U (Signal Support Systems Specialist).
3. On 6 February 2003, the applicant was separated from active duty and placed on the TDRL effective 7 February 2003. He had attained the rank of specialist, pay grade E-4, and had completed 3 years and 18 days of creditable active duty service.
4. Item 12b (Separation Date This Period) of the applicant's DD Form 214 shows 6 February 2003. Item 19b (Nearest Relative) of this same form shows the name and address of an individual who has the same last name as the applicant.
5. Orders D217-07, U.S. Army Physical Disability Agency, dated 4 August 2004, removed the applicant from the TDRL on 4 August 2004. He was permanently retired with a disability rated at 30 percent effective 5 August 2004.
6. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides, in pertinent part, that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The DD Form 214 is not intended to have any legal effect on termination of a Soldier's service. It provides that the entry in item 12b will be the Soldier's transition date. The entry in item 19b will provide the name and address of a relative or close friend who will know his or her location and address.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show the date of his removal from the TDRL as his separation date from active duty service. He further contends that the name and address of in item 19b of his DD Form 214 should be changed.
2. The DD Form 214 is a record of a Soldier's active duty service. The time that the applicant spent on the TDRL was not active duty service and may not be shown as such on his DD Form 214.
3. It has been almost 7 years since the applicant's separation. The applicant has not provided any reason or justification for needing the name and address as entered in item 19b changed at this late date.
4. In view of the above, the applicant's request should be denied.
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) AR20090013500
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090013500
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110024655
This regulation provides that Item 19a of the DD Form 214 contains the mailing address furnished by the individual at the time of separation. _______ _ 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) AR20110024655 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont)...
ARMY | BCMR | CY2011 | 20110003094
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. Item 19b of her DD Form 214 reflects DLC as her nearest relative and the mailing address is the same address listed on the divorce decree. The applicant requests correction of her DD Form 214 by removing the name of her former spouse from...
ARMY | BCMR | CY2010 | 20100021390
The applicant requests, in effect, correction of his DD form 214 (Certificate of Release or Discharge from Active Duty) to change items 19a (Mailing Address After Separation) and 19b (Nearest Relative) from his former spouse to his current spouse. He provided a copy of his DD Form 214 that shows in item 19a the same address as listed on his DD Form 93. The evidence of record, which he provided along with his application, shows he was married to B------ R. W---- at the time of his separation.
ARMY | BCMR | CY2010 | 20100011161
The applicant provides his DD Form 214 and orders removing him from the Temporary Disability Retirement List (TDRL) effective 16 March 2005 in support of this application. U.S. Army Physical Disability Agency Orders D75-04, dated 16 March 2005, removed the applicant from the TDRL and permanently retired him effective 17 March 2005. In the absence of promotion orders or a leave and earnings statement showing he held the rank of SPC/E-4 at the time of his separation, it cannot be established...
ARMY | BCMR | CY2010 | 20100023876
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect completion of the Air Assault Course and that block 19b be changed to reflect that his nearest relative is his father (Lloyd D.) instead of his uncle (John C.). While he offers no explanation for the change at this time, he named his uncle/loco-parentis as his nearest relative at the time his DD Form 214 was prepared. As a result, the Board recommends that all...
ARMY | BCMR | CY2012 | 20120011519
The applicant requests correction of item 19b (Nearest Relative) of his DD Form 214 (Certificate of Release or Discharge from Active Duty). The applicant states: * the relative shown in item 19b of his DD Form 214 is not his nearest relative * his nearest relative resides in Florida 3. _______ _ 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.
ARMY | BCMR | CY2014 | 20140013559
The applicant requests correction of items 19a (Mailing Address After Separation) and 19b (Nearest Relative) of his DD Form 214 (Certificate of Release or Discharge from Active Duty). The DD Form 214 is a snapshot in time and is a reflection of the applicant's record of active Army service at the time of his REFRAD. The fact that his post-service address and nearest relative changed after he was REFRAD is not a basis for granting his request to amend item 19a or 19b of his DD Form 214.
ARMY | BCMR | CY2015 | 20150002186
The applicant requests correction of item 19b (Nearest Relative) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his mother's name and address as Lori D_____, 5___ A____ L___, Flint, MI, vice his former spouse's name and address. The DD Form 214 is prepared for all personnel at the time of their retirement, discharge, or release from active duty. DISCUSSION AND CONCLUSIONS: With regard to correcting the applicant's DD Form 214 to show his mother's name and...
ARMY | BCMR | CY2010 | 20100029724
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD form 214 (Certificate of Release or Discharge from Active Duty) to change item 19a (Mailing Address After Separation) to read xxxx D- V---i Blvd., Decatur, GA 300345 and item 19b (Nearest Relative) to show his current spouse, E---l R. H----y. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of...
ARMY | BCMR | CY2007 | 20070010324
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 November 2007 DOCKET NUMBER: AR20070010324 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. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: a. The applicant authenticated his DD Form 214 indicating that he has reviewed the form and...