BOARD DATE: 5 June 2014
DOCKET NUMBER: AR20130018750
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his current spouse in block 19b (Nearest Relative).
2. The applicant states that he divorced his ex-wife, who was his nearest living relative, on 31 August 2007 and remarried on 17 November 2007. He would like to have his current wife's name listed on his DD Form 214 as his nearest relative.
3. The applicant provides copies of his divorce degree and 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. The applicant was serving in the pay grade of E-8 when he was honorably retired on 31 December 2006. He had served 23 years, 4 months, and 15 days of active service. The DD Form 214 he was issued at the time of retirement reflects the name of his spouse at that time, his now ex-wife.
3. Army Regulation 635-5 (Separation Documents), in effect at the time, served as the authority for the preparation of the DD Form 214. The regulation provided, in pertinent part, that the information contained in block 12a and b would be provided by the individual Soldier at the time of separation.
4. That regulation also provided, in pertinent part, that the DD Form 214 would be prepared to reflect information that was in effect during the period covered by the DD Form 214. Retroactive changes to that form would not be made to change events or information that occurred subsequent to the date of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 should be corrected to reflect his current spouse has been noted and appears to lack merit.
2. The applicants DD Form 214 was prepared to reflect his spouse at the time of retirement as his nearest relative and would have been provided by the applicant at the time of his retirement.
3. Inasmuch as retroactive changes for events or information that occurs subsequent to the period covered by the DD Form 214 are not authorized, there appears to be no error or injustice in his case.
4. Accordingly, there is no basis to correct an otherwise correctly-prepared
DD Form 214 or to grant his request.
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) AR20130018750
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ABCMR Record of Proceedings (cont) AR20130018750
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