IN THE CASE OF:
BOARD DATE: 19 October 2010
DOCKET NUMBER: AR20100012095
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 item 19b (Nearest Relative) of his final DD Form 214 (Certificate of Release or Discharge from Active Duty) to show Connie M. Wilson instead of Charlene L. Wilson.
2. The applicant states item 19b should show Connie M. Wilson.
3. The applicant provides his DD Form 214, his spouse's birth certificate, and their marriage certificate.
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 applicant's 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 applicant's 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 military records show after previously completing both active and inactive service he reenlisted in the Regular Army on 17 July 1988. He was awarded the military occupational specialties of automated logistical specialist and unit supply specialist. The highest grade he attained was pay grade E-8.
3. He continued to serve on active duty through subsequent reenlistments. He completed more than 20 years of active service and was honorably released from active duty on 31 July 2005 by reason of sufficient service for retirement. He was placed on the Retired List on the following day.
4. Item 19b, of his DD Form 214, contains the entry, "Charlene L. Wilson." Item 21 (Signature of Member Being Separated) of this form shows he certified the entries on this document with his signature.
5. Army Regulation 635-5 (Separation Documents) is a synopsis of the Soldier's most recent period of continuous active duty service. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge. This regulation, in effect at the time, stated that for item 19b of the DD Form 214 the NEAREST RELATIVE entry will be provided by the Soldier. It further prescribed to advise a Soldier that the name of a relative should be someone who will know their location and address at all times.
DISCUSSION AND CONCLUSIONS:
1. Regulatory policy provides that the Soldier will provide the name of a relative who should know their location and address at all times for entry in item 19b of their DD Form 214. He certified the DD Form 214 containing the entry of "Charlene L. Wilson" with his signature. It therefore must be presumed that he intended to have that entry on the form at the time it was completed.
2. The Board starts its consideration with a presumption of regularity, that what the Army did was correct. The burden of proving otherwise is the responsibility of the applicant. Therefore, it is presumed the entry shown in item 19b of his DD Form 214 was administratively correct at the time the form was completed.
3. In view of the foregoing, there is an insufficient basis for granting the applicant's request.
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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