IN THE CASE OF:
BOARD DATE: 26 July 2011
DOCKET NUMBER: AR20110000361
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 the entries in item 19a (Mailing Address After Separation) and item 19b (Nearest Relative) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states the two items need to be corrected to show his new permanent address and current spouse.
3. The applicant provides a copy of his DD Form 214. (The applicant indicates he provided a copy of his marriage certificate. The document was not provided; however, its absence does not preclude the processing 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 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 DD Form 214 shows he enlisted in the Regular Army on
5 September 1979 and he was honorably retired on 30 September 2003. Items 19a and item 19b show the information he provided regarding his mailing address after separation and nearest relative.
3. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It is a summary of the Soldier's period of continuous active duty. The entries for item 19 will be provided by the Soldier; the address must be a permanent address.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that item 19a and item 19b of his DD Form 214 should be corrected because he recently remarried and changed his address.
2. The DD Form 214 is a summary of the Soldier's service at the time of separation. There is no evidence that the information provided by the applicant for items 19a and 19b at the time he retired from active duty was in error. Therefore, there is no basis for correcting the applicant's DD Form 214.
3. The applicant is advised he may obtain information regarding the update of his retired Army pay record by logging into his account at: https://mypay.dfas.mil.
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) AR20110000361
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ABCMR Record of Proceedings (cont) AR20110000361
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