BOARD DATE: 27 August 2014
DOCKET NUMBER: AR20130021754
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) as follows:
* item 19a (Mailing Address After Separation), change from "1XX1 Semxxxxx Blvd, Apartment 2XX, Largo, Florida 33770" to 52XX Deexxxxx Avenue, Spring Hill, Florida, 34608"
* item 19b (Nearest relative), change the name from "Carrie L. Bxxxx" to "Brenda K. Bxxxx" and the new address indicated above
2. The applicant states he is now divorced from "Carrie L. Bxxxx."
3. The applicant provides his marriage record and divorce document.
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's records show he enlisted in the Regular Army on 15 January 2008. He completed basic combat and advanced individual training and was awarded military occupational specialty 21C (Bridge Crewmember).
3. He retired on 3 July 2008 by reason of temporary disability and he was placed on the temporary disability retired list the next day. The DD Form 214 he was issued shows the following entries:
* item 19a, "1XX1 Semxxxxx Blvd, Apartment 2XX, Largo, Florida 33770"
* item 19b, the name "Carrie L. Bxxxx" and the address "1XX1 Semxxxxx Blvd, Apartment 2XX, Largo, Florida 33770"
4. He provides:
* A divorce record, dated 18 May 2011, that shows he and his spouse at the time, presumably "Carrie L. Bxxxx," were divorced
* A marriage record, dated 25 August 2012, that shows he and "Brenda K. Bxxxx" were married
5. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The DD Form 214 is not intended to have any legal effect on termination of a Soldiers 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. Items 19a and 19b show the permanent mailing address after separation is provided by the Soldier and the address of the nearest relative.
DISCUSSION AND CONCLUSIONS:
1. The DD Form 214 captures a member's most recent period of continuous active duty and provides a record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge.
2. The entries pertaining to the mailing address and nearest relative after separation are provided by the Soldier to the official preparing the DD Form 214. The applicant appears to have provided the permanent mailing address and the name that are shown in items 19a and 19b of his DD Form 214. He also digitally authenticated the DD Form 214 by placing his signature in the proper block. His divorce in 2011 and/or remarriage in 2012 has no relationship or impact on his previously-issued DD Form 214.
3. Absent convincing independent and verifiable evidence to the contrary it is presumed that the applicant's mailing address and the address of the nearest relative listed on his DD Form 214 were correct at the time and there is an insufficient evidentiary basis for changing either. Therefore, he is not entitled to the requested relief.
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) AR20130021754
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