IN THE CASE OF:
BOARD DATE: 8 March 2012
DOCKET NUMBER: AR20110017813
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 19a (Mailing Address After Separation) and item 19b (Nearest Relative) of his DD Forms 214 (Certificate of Release or Discharge from Active Duty) for the periods ending 14 September 1990 and 15 March 1991 to show R____ H____ as his nearest relative for his benefits.
2. The applicant states his nearest relative as recorded on his DD Forms 214 is now deceased.
3. The applicant provides his DD Forms 214 for the periods ending 14 September 1990 and 15 March 1991.
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 was ordered to active duty for training from the Army National Guard on 20 March 1990. He was released from active duty for training on 14 September 1990.
3. Item 19a of his DD Form 214 for the period ending 14 September 1990 shows an address in Los Angeles, CA. Item 19b of this form shows L____ W____ (his mother) as his nearest relative.
4. He was later ordered to active duty from the U.S. Army Reserve on 31 January 1991. He was released from active duty on 15 March 1991.
5. Item 19a of his DD Form 214 for the period ending 15 March 1991 shows an address in Los Angeles, CA. Item 19b of this form shows L____ W____ as his nearest relative.
6. Army Regulation 635-5 (Separation Documents) provides that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The instructions for items 19a state these addresses will be provided by the Soldier. The address in 19a must be a permanent address. For 19b, the Soldier will be advised that the name and address of a relative should be someone who will know his or her location and address at all times. When a relative is not available, use a close friend. When the person resides at the same address as item 19a, enter "(NAME)" and "ADDRESS SAME AS BLOCK 19A."
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of items 19a and 19b of his DD Forms 214 for the periods ending 14 September 1990 and 15 March 1991 because his nearest relative recorded is now deceased.
2. The DD Form 214 is a snapshot in time and is a reflection of the applicant's record of Active Army service at the time of his release from active duty. Since it appears his mother died after his release from active duty, there is no basis for granting his request to amend these items on his DD Forms 214 so many years after his separation.
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) AR20110017813
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ABCMR Record of Proceedings (cont) AR20110017813
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