BOARD DATE:	  17 June 2014

		DOCKET NUMBER:  AR20130017035 


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 that the entry in item 19 (Nearest Relative) on his    DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 May 2007 (hereafter referred to as his DD Form 214) be changed. 

2.  The applicant states he remarried and his current wife should be shown in item 19.

3.  The applicant provides his DD Form 214 and 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, a U.S. Army Reserve (USAR) Soldier at the time, served on active duty in support of Operation Enduring Freedom during the period 1 June 2005 through 30 May 2007.    

3.  He provides a marriage license showing he married Y----- B--- on 2 December 2007.

4.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that were to be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It established standardized policy for preparing and distributing the DD Form 214.  It stated the entry in item 19b would be provided by the Soldier.  The Soldier was to be advised that the name and address of a relative should be someone who would know their location and address at all times.

DISCUSSION AND CONCLUSIONS:

1.  By regulation a Soldier provides the name and address for entry in item 19b at the time of the preparation of the DD Form 214.

2.  A DD Form 214 is to reflect information correct at the time of separation from active duty.  He married Y----- B--- after his release from active duty and the preparation of the DD Form 214.  Therefore, there is no basis for changing the entry in item 19b of his DD Form 214 at this time.

3.  In addition, the purpose of this entry on the DD Form 214 is in case the Army has a need to contact the member in the short term.  It was never intended to be continuously updated with new contact information.

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)                                         AR20130017035



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130017035



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1