IN THE CASE OF:
BOARD DATE: 23 June 2011
DOCKET NUMBER: AR20100029724
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 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.
2. He states he divorced M---e O---s H----y and married E---l R. B-------e.
3. He provided a copy of his:
* Final Judgment and Decree of Divorce
* Certificate of Marriage
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 1 November 1978 and he served in military occupational specialty 12B (Combat Engineer). On
14 December 1993, he was honorably discharged after completing 15 years, 1 month, and 14 days of creditable active service.
3. Item 19a of his DD Form 214 shows the entry xxx D-----s Drive x, Anniston, AL 36201. Item 19b shows the entry M---e O---s H----y as his nearest relative at the same address.
4. He provided a copy of his divorce decree from the state of Georgia that shows he and his former spouse divorced on 14 July 2003.
5. He also provided a marriage certificate from the state of Tennessee that shows he married E---l Rh B-------e on 25 August 2003.
6. 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 were 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 M---e O---s H----y and his marriage to E---l R--h B-------e is not sufficiently mitigating to show the information was erroneous at the time.
2. The available evidence shows he was married to M---e O---s H----y who resided at xxx D-----s Drive x, Anniston, AL 36201 at the time of his separation. He did not marry E---l R. H----y, his current spouse, until 25 August 2003, nearly 10 years after his discharge 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, he is not entitled to the 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) AR20100029724
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