IN THE CASE OF:
BOARD DATE: 8 March 2011
DOCKET NUMBER: AR20100021390
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, 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.
2. He states the information contained in items 19a and 19b is incorrect due to his divorce from B------ R. W----and his marriage to D----- R. (T-----) W----. He recently discovered that his DD Form 214 was not corrected after he submitted documentation reflecting these changes to the Department of Veterans Affairs (VA).
3. He provided his:
* Member - 1 copy of DD Form 214
* Marriage License
* Tennessee Driver License
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 enlisted in the Regular Army on 16 October 1992 for a period of 4 years.
3. A DD Form 93 (Record of Emergency Data), completed on 16 October 1992, shows B------ R. (P-------) W---- as his spouse. The address of the spouse shown on this form is 25xx Spring Ave SW #2xx, Decatur, AL 35601.
4. On 3 January 1994, he was retired by reason of temporary physical disability and placed on the Temporary Disability Retirement List (TDRL). He provided a copy of his DD Form 214 that shows in item 19a the same address as listed on his DD Form 93. Item 19b reflects B------ R. W---- with the same address as listed in item 19a. This copy of the DD Form 214 contains his signature in item 21 (Signature of Member Being Separated). However, his personnel record contains the "Service - 7" copy of his DD Form 214 which reflects the same information, but shows in item 21 the entry "Separatee Unavailable for Signature."
5. He provided a copy of a State of Tennessee Marriage License that shows he married D----- R. T----- on 16 June 1996.
6. He also provided a copy of his Tennessee Driver License, issued on 31 March 2009, and shows he now resides in Memphis, TN.
7. Army Regulation 635-5 (Separation Documents) establishes the policies and provisions for the preparation and distribution of the DD Form 214. This regulation states that item 19a would reflect a permanent address for mailing purposes. The permanent address served as a basis for contacting a Soldier within a short time after separation in the event the need arose. It also stated that item 19b should reflect the name and address of a relative who would know the Soldiers location and address. Neither address was intended to be changed or updated each time the individual or family member relocated following a Soldiers separation.
DISCUSSION AND CONCLUSIONS:
1. The address information and nearest relative contained on his DD Form 214 was accurate at the time the document was prepared. The fact that he now considers the address in item 19a and the nearest relative in item 19b incorrect due to his divorce from B------ R. W---- and his marriage to D----- R. W---- is not sufficiently mitigating evidence to show that it was erroneous at the time.
2. 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. He did not marry D----- R. W---- until 1996, which was two years after his retirement from the Army.
3. Neither items 19a nor 19b of the DD Form 214 were intended to be updated each time a former Soldier or his/her nearest relative changed or relocated in the years following his/her separation from active duty. The address and nearest relative information have served the intended purpose. No error or injustice exists by information currently reflected in these items.
4. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20100021390
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