IN THE CASE OF:
BOARD DATE: 9 August 2011
DOCKET NUMBER: AR20110002156
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 that the entry at item 19 (Nearest Relative) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed.
2. The applicant states his nearest relative is not B____ A____ B____-P____ but rather is his mother, E____ D____ P____, and gives her address for inclusion at item 19.
3. The applicant provides no supporting documentation.
CONSIDERATION OF EVIDENCE:
1. The applicant, a retired sergeant first class, served on active duty from 30 January 1986 through 30 November 2010.
2. Both his 2009 and 2010 Record of Emergency Data forms show B____ A____ B____-P____ as his spouse with an address in North Carolina, whereas his address and that of two of his three children is Maryland. His mother's name and address are consistent with the requested change and matches the address shown for two of his three children. Neither form lists his wife as a beneficiary.
3. His integrated Personnel Electronic Record Management System file under the personal data section lists the applicant as married with four dependents.
4. His DD Form 214 shows, at item 19, B____ A____ B____-P____ with an address the same as his mailing address in Virginia after his separation from active duty.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 and states that the entry at item 19a (MAILING ADDRESS AFTER SEPARATION) and 19b (NEAREST RELATIVE) will be provided by the Soldier. This address must be a permanent address. The Soldier is to be notified that the name and address of a relative should be someone who will know their location and address at all times. When a relative is not available, use a close friend. When the person is at the same address as 19a, enter "(NAME) and ADDRESS SAME AS BLOCK 19a."
6. Army Regulation 15185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the Army Board for Correction of Military Records (ABCMR). Paragraph 2-9 states that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant has not indicated why his wife was listed as nearest relative or why he now wishes to have his mother listed.
2. By regulation a Soldier provides the name and address for entry at item 19b at the time of the creation of the DD Form 214.
3. The record does not contain any clarifying information as to why his spouse's address is different than his and his children's or why he now wishes to have his mother listed as his nearest relative.
4. Therefore, there is insufficient evidence to warrant a correction of the DD Form 214 at this time.
5. In addition, the purpose of this entry on the DD Form 214 is in case the Army has a need to contact the member, in the short term. It was never intended to be a continuous update of contact information. Since the applicant retired on 30 November 2010, correcting that entry at this point in time would serve no useful purpose.
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) AR20110002156
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ABCMR Record of Proceedings (cont) AR20110002156
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