BOARD DATE: 1 September 2015
DOCKET NUMBER: AR20150002186
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 item 19b (Nearest Relative) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his mother's name and address as Lori D_____, 5___ A____ L___, Flint, MI, vice his former spouse's name and address.
2. The applicant states he is now divorced and would like his former spouse's name removed from his DD Form 214.
3. The applicant provides no additional evidence.
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 28 August 2008. He was honorably retired on 27 December 2011 by reason of permanent disability.
3. Item 19b of the DD Form 214 he was issued contains the entry Stephanie G_________, 9__ L___ B____ D____, Clarksville, TN.
4. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is prepared for all personnel at the time of their retirement, discharge, or release from active duty. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The nearest relative/address listed in item 19b of the DD Form 214 are provided by the Soldier.
DISCUSSION AND CONCLUSIONS:
With regard to correcting the applicant's DD Form 214 to show his mother's name and address as his nearest relative, it appears he provided the information on the DD Form 214 at the time he was released from active duty as he stated. He is now divorced and wants his DD Form 214 changed. The DD Form 214 provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. There are no provisions to change or update item 19b on the DD Form 214 when conditions have changed after a Soldier's discharge. Therefore, there is no 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) AR20150002186
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ABCMR Record of Proceedings (cont) AR20150002186
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