MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            21 December 2000  
	DOCKET NUMBER:   AR2000044435

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Ernest W. Lutz		Member	
	Ms. Gail J. Wire		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That item 19b (Nearest Relative) be changed on his  DD Form 214 (Certificate of Release or Discharge From Active Duty).   

APPLICANT STATES:  That he was divorced in September 1998.  In support of his application, he submits a copy of his divorce decree.

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant enlisted on 9 April 1993 and served as a food service specialist.  On 14 October 1995 the applicant was placed on the Temporary Disability Retired List (TDRL).

Item 19b (Nearest Relative) on the applicant’s DD Form 214, which was authenticated in his own hand, shows the name of his wife and her address at the time of the applicant’s separation from active duty.

The applicant provided a copy of his Decree of Dissolution, dated 11 August 1998.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant’s DD Form 214, which was issued at the time of his separation from the Army on 14 October 1995, shows that he was married and listed his wife as his nearest relative.

2.  The Board noted that the applicant was divorced in August 1998 which was approximately three years after his placement on the TDRL. 

3.  Based on the foregoing, the applicant’s DD Form 214 was correct at the time of separation and there is no basis for amending it at this time.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

KAK____  EWL_____  GJW___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR20000444435	
SUFFIX		
RECON		
DATE BOARDED	20001221	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19951014	
DISCHARGE AUTHORITY	AR 635-40  Paragraph 4-24B(2)	
DISCHARGE REASON	Temporary Disability Retired List	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.		
3.		
4.		
5.		
6.