IN THE CASE OF:
BOARD DATE: 18 March 2014
DOCKET NUMBER: AR20130011489
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 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.
2. The applicant states:
* this DD Form 214 does not show his current address or spouse
* he was divorced in April 2010 and the record needs to be updated
3. The applicant provides:
* an altered DD Form 214 for the period ending 18 September 1997 and an unaltered copy for the same period
* DD Form 214 from the U.S. Marine Corps (USMC)
* National Guard Bureau Form 22 (Report of Separation and Record of Service)
* Marriage license
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 prior active service in the USMC, the applicant enlisted in the Army National Guard (ARNG) on 20 March 1976. He was ordered to active duty on
31 December 1996 in support of Operation Joint Endeavor/Guard and he was released from active duty (REFRAD) on 18 September 1997.
3. His records contain a DD Form 214 for the period ending 18 September 1997 which shows in:
* Item 19a an address in Clinton, SC
* Item 19b his nearest relative was Sheri Sxxxx
4. He was honorably discharged from the ARNG on 1 May 2002 and transferred to the Retired Reserve.
5. He provides a marriage license which shows he married Sarah in 2012.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214 and states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The regulation states the mailing address after separation and nearest relative will be provided by the Soldier. For item 19a, this address must be a permanent address. For item 19b, the name and address of a relative should be someone who will know their location and address at all times.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests items 19a and 19b of his DD Form 214 for the period ending 18 September 1997 be corrected to show his current address and spouse.
2. 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. Evidence shows he reported his mailing address after separation was an address in Clinton, SC and his nearest relative was Sheri at the time of his REFRAD in 1997. However, it appears his address and nearest relative changed after he was REFRAD; therefore, there is no basis for granting his request to amend items 19a or 19b of his DD Form 214 for the period ending 18 September 1997.
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) AR20130011489
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ABCMR Record of Proceedings (cont) AR20130011489
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