IN THE CASE OF:
BOARD DATE: 17 March 2015
DOCKET NUMBER: AR20140013559
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 items 19a (Mailing Address After Separation) and 19b (Nearest Relative) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states:
* he wants item 19a changed to his current residence
* he wants item 19b changed to his sister
* he is no longer a resident of the State of Texas and he is no longer married to the person listed as his nearest relative
3. The applicant provides a copy of his DD Form 214.
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 24 April 2003 and trained as a Bradley fighting vehicle system maintainer. On 1 June 2006, he was honorably released from active duty (REFRAD).
3. His DD Form 214 shows in:
* item 19a an address in Denton, Texas
* item 19b his nearest relative as D____ P____
4. 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 and stated the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of REFRAD, retirement, or discharge. The instructions stated the mailing address after separation and nearest relative would be provided by the Soldier. For item 19a, this address must be a permanent address. For item 19b, the name and address of a relative should be someone who will know the Soldier's location and address at all times.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of items 19a and 19b of his DD Form 214 to show his current address and his sister.
2. The DD Form 214 is a snapshot in time and is a reflection of the applicant's record of active Army service at the time of his REFRAD. The evidence shows he reported his mailing address after separation as an address in Denton, Texas, and his nearest relative as D____ P____ at the time of his REFRAD in 2006. The fact that his post-service address and nearest relative changed after he was REFRAD is not a basis for granting his request to amend item 19a or 19b of his DD Form 214.
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 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) AR20140013559
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ABCMR Record of Proceedings (cont) AR20140013559
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