BOARD DATE: 7 January 2014
DOCKET NUMBER: AR20130007346
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his wife as his next of kin. In effect, he requests correction of item 19b (Nearest Relative) to show the name of his wife in lieu of the existing name.
2. The applicant states he has been married for 37 years.
3. The applicant provides:
* DD Form 214
* Marriage License
* Marriage Certificate
* Patient information
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. Having had prior service, the applicant enlisted in the Regular Army on 20 September 1977. He served through multiple reenlistments and he attained the rank/grade of sergeant first class (SFC)/E-7.
3. He retired on 30 September 1995 and he was placed on on the Retired List in his retired rank/grade of SFC/E-7 on 1 October 1995. The DD Form 214 he was issued shows in item 19b the entry "Roy---- Wo---, 22XX High Rock Road, Boomer, NC, 28606."
4. He provides a marriage license/certificate confirming his marriage to Darlene since 15 June 1976.
5. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. Chapter 2 contains guidance on the preparation of the DD Form 214. Item 19b shows the name and address of the member's nearest relative as provided by the Soldier.
DISCUSSION AND CONCLUSIONS:
1. The entry pertaining to the name and address of the nearest relative is provided by the Soldier to the official preparing the DD Form 214. The applicant would have been the one to provide this name and address on his DD Form 214. He also authenticated the DD Form 214 by placing his signature in the proper block.
2. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to now record the name and address of a different relative, there is not a sufficiently compelling reason for compromising the integrity of the Armys records.
3. Lacking convincing independent and verifiable evidence to the contrary, it is presumed the applicant's military service records, including the DD Form 214, was correct at the time and there is no reason to change it.
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) AR20130007346
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130007346
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090005310
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, 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 corrected. The address and nearest relative listed in items 19a and 19b of the applicant's DD Form 214 would have been provided by him at the time it was prepared and he authenticated the DD Form 214 with his...
ARMY | BCMR | CY2007 | 20070002132
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 31 July 2007 DOCKET NUMBER: AR20070002132 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests that his records be corrected by removing his former wife's name from item 9b (Nearest Relative) of his DD Form 214 (Certificate of Release or Discharge from Active Duty). Also, the date of his...
ARMY | BCMR | CY2010 | 20100021390
The applicant requests, in effect, correction of his DD form 214 (Certificate of Release or Discharge from Active Duty) to change items 19a (Mailing Address After Separation) and 19b (Nearest Relative) from his former spouse to his current spouse. He provided a copy of his DD Form 214 that shows in item 19a the same address as listed on his DD Form 93. The evidence of record, which he provided along with his application, shows he was married to B------ R. W---- at the time of his separation.
ARMY | BCMR | CY2013 | 20130011489
The applicant requests items 19a (Mailing Address After Separation) and 19b (Nearest Relative) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 18 September 1997 be corrected to show his current address and spouse. 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 REFRAD. However, it appears his address and nearest relative changed after he was REFRAD; therefore, there...
ARMY | BCMR | CY2013 | 20130017035
Application for correction of military records (with supporting documents provided, if any). The applicant requests that the entry in item 19 (Nearest Relative) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 May 2007 (hereafter referred to as his DD Form 214) be changed. By regulation a Soldier provides the name and address for entry in item 19b at the time of the preparation of the DD Form 214.
ARMY | BCMR | CY2008 | 20080016376
The evidence provided by the applicant shows he has remarried and has moved his residence since his date of separation from active duty. However, these changes over 16 years after his separation do not provide a basis for changing the information in Items 19a and 19b of his DD Form 214. _______ _ 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.
ARMY | BCMR | CY2014 | 20140018890
The applicant provides: * DD Form 214 * Marriage Certificate * DA Form 4240 (Data for Payment of Retired Army Personnel) CONSIDERATION OF EVIDENCE: 1. The applicant would have been the one to provide this name and address for entry on his DD Form 214. _______ _ 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.
ARMY | BCMR | CY2013 | 20130001952
Based on this information, the applicant's request for the Cold War Recognition Certificate will not be discussed any further in this Record of Proceedings. However, the form does show in: * item 19a (Mailing Address After Separation) the entry "1xxx N.W. The available evidence shows the applicant completed a period of qualifying service for award of the KDSM.
ARMY | BCMR | CY2015 | 20150002852
The applicant would have been the one to provide the name and address on his DD Form 214. Absent convincing independent and verifiable evidence to the contrary, it is presumed the applicant's military service records, including the DD Form 214, were correct at the time and there is no reason to change it. ___________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.
ARMY | BCMR | CY2007 | 20070010324
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 November 2007 DOCKET NUMBER: AR20070010324 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: a. The applicant authenticated his DD Form 214 indicating that he has reviewed the form and...