IN THE CASE OF:
BOARD DATE: 8 January 2013
DOCKET NUMBER: AR20120011519
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 19b (Nearest Relative) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states:
* the relative shown in item 19b of his DD Form 214 is not his nearest relative
* his nearest relative resides in Florida
3. The applicant provides a copy of his DD Form 214.
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 applicant enlisted in the Regular Army on 6 November 1990. He completed his training and was awarded military occupational specialty 92G (food service specialist). On 8 October 1997, he was honorably discharged by reason of disability (severance pay).
3. Item 19b of his DD Form 214 shows P__ L__ as his nearest relative with a South Carolina address.
4. 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 and 19b 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 contends the relative shown in item 19b of his DD Form 214 is not his nearest relative.
2. He requests that item 19b of his DD Form 214 be corrected to show a relative residing in Florida. However, since the governing regulation states that this information will be provided by the separating Soldier, there is no basis for granting his request to amend item 19b of his DD Form 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 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) AR20120011519
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ABCMR Record of Proceedings (cont) AR20120011519
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