IN THE CASE OF:
BOARD DATE: 16 June 2015
DOCKET NUMBER: AR20140018890
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), item 19b (Nearest Relative) to show the name of his wife in lieu of the existing name.
2. The applicant states:
* Item 19b shows the name of his mother in law when it should have shown the name of his wife whom he married in 1968
* He and Joyce, his wife of 46 years, were married in September 1968 and they have remained married and living together
* His wife is the beneficiary of his life insurance as well as the Survivor Benefit Plan (SBP)
* He wants his wife to be buried with him and in order to do so, he was told his DD Form 214 must reflect her name
3. The applicant provides:
* DD Form 214
* Marriage Certificate
* DA Form 4240 (Data for Payment of Retired Army Personnel)
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 service, the applicant reenlisted in the Regular Army on 1 May 1974. He served through multiple reenlistments and he attained the rank/grade of command sergeant major (CSM)/E-9.
3. On 25 May 1993, he submitted a DA Form 2339 (Application for Voluntary Retirement). He indicated that his address upon retirement would be P.O. Box X7X, Fort Monroe, Virginia 23651.
4. He retired on 30 November 1993 and he was placed on the Retired List in his retired rank/grade of CSM/E-9 on 1 December 1993. The DD Form 214 he was issued shows in:
* Item 19a (Mailing Address After Separation) - P.O. Box X7X, Fort Monroe, Virginia 23651
* Item 19b, the entry "Mary M---z, 5XX Er--- Road, Richmond, Virginia 23222"
5. He provides:
* Marriage certificate confirming his marriage to Joyce on 11 September 1968
* DA Form 4240, dated 17 August 1993, indicating he was married to Joyce, naming her as the beneficiary for arrears of pay and naming his mother as the beneficiary for gratuity pay; and electing spouse and dependent children SBP coverage
6. Army Regulation 635-5 (Separation Documents) establishes 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. Items 19a shows the address after separation and item 19b shows the name and address of the member's nearest relative as provided by the Soldier.
DISCUSSION AND CONCLUSIONS:
1. The entries pertaining to the mailing address after separation as well as the name and address of the nearest relative are provided by the Soldier to the official preparing the DD Form 214. The applicant would have been the one to provide this name and address for entry on his DD Form 214. He also authenticated the DD Form 214 by placing his signature in the proper block.
2. For historical purposes, the Army has an interest in maintaining the accuracy 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. While it is understandable the applicant desires to now record the name and address of a different relative, there is not a sufficiently compelling reason for compromising the integrity of the Armys records.
3. Lacking convincing independent and verifiable evidence to the contrary, it is presumed the applicant's military service records, including the DD Form 214, were correct at the time and there is no reason to change the 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 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) AR20140018890
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140018890
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110002156
The applicant states his nearest relative is not B____ A____ B____-P____ but rather is his mother, E____ D____ P____, and gives her address for inclusion at item 19. The Soldier is to be notified that the name and address of a relative should be someone who will know their location and address at all times. The record does not contain any clarifying information as to why his spouse's address is different than his and his children's or why he now wishes to have his mother listed as his...
ARMY | BCMR | CY2009 | 20090005310
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that item 19a (Mailing Address after Separation) and item 19b (Nearest Relative) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected. The address and nearest relative listed in items 19a and 19b of the applicant's DD Form 214 would have been provided by him at the time it was prepared and he authenticated the DD Form 214 with his...
ARMY | BCMR | CY2007 | 20070002323
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 24 July 2007 DOCKET NUMBER: AR20070002323 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. At the time of his separation, for the purpose of retirement, the applicant apparently provided the name of his nearest relative, his sister L______ P_____, whose name and address are shown in item 19b, of his DD Form...
ARMY | BCMR | CY2014 | 20140011897
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), item 19a (Mailing Address After Separation), from "XX4 Triplett Street, Okalona, Mississippi, 38860" to "3XX6 Monroe Ct, Augusta, Georgia, 30909." It was his understanding that once his house was built, he could change the address and have all the correspondence come to his permanent address as requested here. _______ _ _x______ ___ CHAIRPERSON I certify that herein is recorded the...
ARMY | BCMR | CY2008 | 20080016376
The evidence provided by the applicant shows he has remarried and has moved his residence since his date of separation from active duty. However, these changes over 16 years after his separation do not provide a basis for changing the information in Items 19a and 19b of his DD Form 214. _______ _ 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.
ARMY | BCMR | CY2010 | 20100029724
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD form 214 (Certificate of Release or Discharge from Active Duty) to change item 19a (Mailing Address After Separation) to read xxxx D- V---i Blvd., Decatur, GA 300345 and item 19b (Nearest Relative) to show his current spouse, E---l R. H----y. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of...
ARMY | BCMR | CY2014 | 20140009295
IN THE CASE OF: BOARD DATE: 20 January 2015 DOCKET NUMBER: AR20140009295 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, correction of items 19a (Mailing Address After Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 16 August 2012. _______ _ ___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.
ARMY | BCMR | CY2010 | 20100021390
The applicant requests, in effect, correction of his DD form 214 (Certificate of Release or Discharge from Active Duty) to change items 19a (Mailing Address After Separation) and 19b (Nearest Relative) from his former spouse to his current spouse. He provided a copy of his DD Form 214 that shows in item 19a the same address as listed on his DD Form 93. The evidence of record, which he provided along with his application, shows he was married to B------ R. W---- at the time of his separation.
ARMY | BCMR | CY2007 | 20070010324
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 November 2007 DOCKET NUMBER: AR20070010324 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: a. The applicant authenticated his DD Form 214 indicating that he has reviewed the form and...
ARMY | BCMR | CY2003 | 2003091340C070212
IN THE CASE OF: BOARD DATE: 20 November 2003 DOCKET NUMBER: AR2003091340 The Board considered the following evidence: The applicant requests that item 19a (Mailing Address After Separation) and item 19b (Nearest Relative) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his new address in Florida.