BOARD DATE: 7 August 2014
DOCKET NUMBER: AR20130021668
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) in item 19b (Nearest Relative) to show the name and address of his current spouse vice that of his former spouse.
2. The applicant states, in effect, since the issuance of his DD Form 214 he has divorced and subsequently remarried. He would like the entry in item 19b of his DD Form 214 to reflect his current marital status/spouse vice the marital status/spouse which existed at the time his DD Form 214 was issued.
3. The applicant provides:
* DD Form 214
* Divorce Decree, dated 1 July 2011
* Marriage License, dated 4 October 2012
* Current spouse's driver's 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 enlisted in the Regular Army on 20 August 2002 and held military occupational specialty 19D (Cavalry Scout). The highest rank/grade he attained while serving on active duty was specialist (SPC)/E-4.
3. His records indicate that he married/was married to his former spouse, Ms. YDT, during the period of his military service.
4. He provided a divorce decree showing he and Ms. YDT had a son born in January 2007.
5. His records indicate his company commander recommended he be honorably discharged in accordance with Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-8 (Parenthood) because he was unable to acquire a suitable family care plan. The separation authority approved his separation on 3 May 2007.
6. On 16 May 2007, he completed an SGLV-8286-E (Servicemen's Group Life Insurance Election and Certificate) and a DD Form 93 (Record of Emergency Data) as part of the required out-processing. He listed Ms. YDT as his spouse and listed her address as XXX Bxxxxxxxxx Drive, Hinesville, GA.
7. He was honorably discharged on 28 May 2007. Item 19b of his DD Form 214 listed Ms. YDT as his spouse and listed her address as XXX Bxxxxxxxxx Drive, Hinesville, GA.
8. He provided a divorce decree showing he and Ms. YDT were divorced on
1 June 2011.
9. He provided a copy of his marriage license showing he and Ms. NJT, his current spouse, were married on 4 October 2012.
10. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement,
discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. 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. It is important that information entered on the form is complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was married to his former spouse, Ms. YDT, at the time he was discharged and issued a DD Form 214. He listed Ms. YDT's name and address in item 19b of his DD Form 214 because at the time she was his nearest relative.
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 that he now desires to record his current spouse's name and address on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.
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.
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