BOARD DATE: 25 January 2011
DOCKET NUMBER: AR20100018609
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his wife's name and address.
2. The applicant states his mother died on 15 December 2009; therefore, his record is in error.
3. The applicant provides copies of his mother's Certificate of Death and his DD Form 214.
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 accepted an appointment as a Reserve commissioned officer in the rank of second lieutenant on 1 June 1964. He was ordered to active duty effective 29 October 1964. He remained on active duty and he was promoted through the ranks to colonel (O-6) effective 1 July 1987.
3. On 31 October 1991, the applicant retired for length of service. Item 19b of the DD Form 214 he received shows his mother's name and address as his nearest relative. He signed his DD Form 214 acknowledging that the information contained therein is correct.
4. The Certificate of Death he submits shows his mother died on 15 December 2009.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part, it states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. However, his contentions are not supported by the evidence of record. He has not shown the entry contained in item 19b of his DD Form 214 is incorrect.
2. Item 19b of his DD Form 214 prepared at the time of his retirement on 31 October 1991 shows his mother's name and address. The Certificate of Death he submits shows his mother died on 15 December 2009, 18 years after he retired. He has not provided evidence to show his mother was not his nearest relative at the time his DD Form 214 was prepared.
3. In view of the forgoing, his 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 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) AR20090005994
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ABCMR Record of Proceedings (cont) AR20100018609
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