IN THE CASE OF:
BOARD DATE: 13 March 2012
DOCKET NUMBER: AR20110018619
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 the middle initial of the next of kin (NOK) listed in item 19b (Nearest Relative) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to the letter C.
2. The applicant states the middle initial of his NOK listed in item 19b of his
DD form 214 is incorrect and as a result the document is inaccurate as it stands.
3. The applicant provides no documentary evidence in support 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 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 applicants record shows he enlisted in the Regular Army on 19 January 1988.
3. On 16 January 1990, he was honorably released from active duty. The DD Form 214 he was issued at the time shows he held the rank of specialist four/E-4 and had completed 1 year, 11 months, and 28 days of active military service. The middle initial of the nearest related listed in item 19b is G which the applicant now claims is incorrect.
4. 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 also establishes standardized policy for preparing and distributing the DD Form 214. It states 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 DD Form 214 is not intended to have any legal effect on termination of a Soldier's service. Chapter 2 contains item-by-item instructions for preparing the DD Form 214. The instructions of item 19b in the version of the regulation in effect at the time of the applicants separation stated to enter the name and address of the nearest relative furnished by the individual at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to change the middle initial of his nearest relative entered in item 19b of his DD Form 214 has been carefully considered. However, there is insufficient evidence to support this claim.
2. The regulation in effect at the time provided for entering the name and address provided by the individual at the time of separation in item 19b. In this case, given the change requested by the applicant has no material effect on his service record and because it must be presumed the name and address listed in item 19b is accurately entered as he furnished it at the time, there is an insufficient evidentiary basis to support its change at this late date.
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) AR20110018619
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ABCMR Record of Proceedings (cont) AR20110018619
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