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ARMY | BCMR | CY2013 | 20130007346
Original file (20130007346.txt) Auto-classification: Denied

		
		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 Army’s 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





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ABCMR Record of Proceedings (cont)                                         AR20130007346



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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