IN THE CASE OF:
BOARD DATE: 30 December 2014
DOCKET NUMBER: AR20140006950
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), dated 30 June 1997, as follows:
* item 19a (Mailing Address after Separation) from "17xx NW xxth Street, Lawton, OK, 73505" to "14xxx Embxxxxx Drive, Woodbridge, VA, 22193"
* item 19b (Nearest Relative) from "Lola Sxxxxx, 17xx NW xxth Street, Lawton, OK, 73505" to "Schirille Sxxxxx, 14xxx Embxxxxx Drive, Woodbridge, VA, 22193"
2. The applicant states he has gotten a divorce. He and his new spouse now reside at a different address.
3. The applicant provides his DD Form 214 and a 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. The applicant's records show he enlisted in the Regular Army on 10 June 1977. He served through multiple reenlistments in a variety of stateside and/or overseas assignments.
3. He attained the rank/grade of staff sergeant (SSG)/E-6 and he and his spouse Lola were married on 12 April 1996.
4. He submitted a DA Form 2339 (Application for Voluntary Retirement) on 26 February 1997. He indicated he was married to Lola and their mailing address upon retirement would be "17xx NW xxth Street, Lawton, OK, 73505."
5. He completed a DD Form 2656 (Data for Payment of Retired Pay) on 8 April 1997. He again indicated he was married to Lola and their mailing address upon retirement would be "17xx NW xxth Street, Lawton, OK, 73505."
6. He retired on 30 June 1997 and he was placed on the Retired List in his retired rank/grade of SSG/E-6. The DD Form 214 he was issued shows the following entries:
* item 19a - "17xx NW xxth Street, Lawton, OK, 73505"
* Item 19b - "Lola Sxxxxx, 17xx NW xxth Street, Lawton, OK, 73505"
7. He provides a marriage certificate that shows he and Schirille were married on 21 May 2011.
8. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. 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 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 name of his nearest relative and permanent mailing address that is shown on his DD Form 214.
2. For historical purposes, the Army has an interest in maintaining the integrity 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.
3. While it is understandable the applicant desires to now record a different spouse's name and/or address in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records. 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.
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