IN THE CASE OF:
BOARD DATE: 16 December 2014
DOCKET NUMBER: AR20140008498
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his current spouse and address.
2. The applicant states since retiring he has divorced and remarried. Additionally, he moved to a new address.
3. The applicant provides a divorce decree and a 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 enlisted in the Regular Army on 11 July 1978 and on 31 July 2004 he retired. His DD Form 214, item 19a (Mailing Address after Separation) shows "27 Sxxxxxxx Court, [city, state, and zipcode]." Item 19b (Nearest Relative) shows "Sxxxxx H. Gxxxx (Spouse)."
3. The applicant provides a divorce decree showing, on 17 January 2012, he and his spouse, Sxxxxx H. Gxxxx, were divorced. He also provides a marriage certificate showing he married Jxxxx-Lxxx Hxxxxxx on 25 September 2012.
4. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance for preparation of the DD Form 214. Mailing address after separation and nearest relative are provided by the Soldier at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The DD Form 214 is a document meant to reflect what is accurate at the time of separation. All evidence provided by the applicant is dated after he retired.
2. The entries in items 19a pertaining to the mailing address after separation and 19b pertaining to the name of nearest relative were provided by the applicant to the official processing his DD Form 214.
3. 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. Absent convincing independent and verifiable evidence to the contrary, it must be presumed that the applicant's mailing address and the name of his nearest relative were correct at the time.
4. While it is understood that he desires to now record the name of his current spouse as well as his current address, there is not a sufficiently compelling reason for compromising the integrity of the Armys records. Therefore, there is an insufficient evidentiary basis for granting the applicant's 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) AR20140008498
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ABCMR Record of Proceedings (cont) AR20140008498
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