BOARD DATE: 12 June 2012
DOCKET NUMBER: AR20110024655
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 Item 19a (Mailing Address After Separation) and Item 19b (Nearest Relative) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to reflect his current wife and his current address.
2. The applicant states he wants the name and address of his ex-wife removed from his DD Form 214 and add the name of his current wife, Leatha, and her current address in Pine Bluff, AR.
3. The applicant provides no additional evidence.
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. He enlisted in the Regular Army on 17 February 1976. He completed basic combat and advanced individual training and was awarded military occupational specialty 88M (Motor Transport Operator).
3. On 16 July 1991, he was placed on the Temporary Disability Retired List (TDRL). He was issued a DD Form 214 for the period from 17 February 1976 to 15 July 1991.
a. Item 19a shows a mailing address in Fort Worth, TX.
b. Item 19b shows the named of his wife, Diane, at the time of his retirement and her address in Fort Worth, TX.
4. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. This regulation provides that Item 19a of the DD Form 214 contains the mailing address furnished by the individual at the time of separation. This regulation also provides that Item 19b of the DD Form 214 contains the name and mailing address of nearest relative, furnished by the individual at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. It is reasonable to conclude the mailing address in Item 19a and the name of the applicants nearest relative, his wife at the time, and her address in Item 19b of his DD Form 214 were provided by the applicant at the time of separation. His signature on the DD Form 214 verifies the entries on the DD Form 214 were correct on the date he was separated from active duty.
2. Changes of addresses and/or spouses that occur after the date of a member's separation from the service are not bases for changing the information on properly-completed DD Form 214.
3. The Army has an interest in maintaining the integrity of its records for historical purposes. The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created
4. In view of the above, there is no basis for granting relief in this case.
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) AR20110024655
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ABCMR Record of Proceedings (cont) AR20110024655
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