IN THE CASE OF:
BOARD DATE: 2 October 2014
DOCKET NUMBER: AR20140002750
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 the last name "Andrews" vice "Anderson" in item 19b (Nearest Relative).
2. The applicant states he feels the spelling of the last name should be corrected for future protection, retirement plans, DOD government services, and legal purposes in the event of his death.
3. The applicant provides his DD Form 214 and marriage certificate.
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 enlisted service, the applicant was appointed as a Reserve commissioned officer of the Army and executed an oath of office on 25 September 1973. He entered active duty on the same date.
3. He served in a variety of stateside or overseas assignments and attained the rank of major (MAJ).
4. He retired on 30 April 1991 and he was placed on the Retired List in his retired grade of MAJ on 1 May 1991. The DD Form 214 he was issued shows in item 19b the entry "Dxxxxxx X. Anderson" and her address.
5. Multiple documents in his service records reflect the last name of his spouse as "Andrews," including his marriage certificate, Servicemen's Group Life Insurance Election Certificate, DD Form 93 (Record of Emergency Data), and retirement orders.
6. Army Regulation 635-5 (Separation Documents) at the time established 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 nearest relative after separation as provided by the Soldier.
DISCUSSION AND CONCLUSIONS:
The entry pertaining to the name of the nearest relative and mailing address after separation is provided by the Soldier to the official preparing the DD Form 214. All documents in the applicant's records that required the listing of his nearest relative's last name show the last name as "Andrews." It appears the preparer of his DD Form 214 inadvertently listed the last name as "Anderson" instead of "Andrews." Therefore, he is entitled to correction of his DD Form 214 to show the correct last name of the nearest relative as "Andrews."
BOARD VOTE:
____x___ ___x____ ___x_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 19b the last name "Anderson" and adding the last name "Andrews."
_______ _ _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) AR20140002750
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ABCMR Record of Proceedings (cont) AR20140002750
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