BOARD DATE: 12 October 2017 DOCKET NUMBER: AR20160003434 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ____x____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 12 October 2017 DOCKET NUMBER: AR20160003434 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. BOARD DATE: 12 October 2017 DOCKET NUMBER: AR20160003434 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) to show his spouse instead of his sister as his nearest relative. 2. The applicant states his DD Form 214 erroneously lists his nearest relative as "H____ S____," his oldest sister. This is incorrect as his nearest relative is his wife, DMF. He and his wife have been married since 4 May 1974, over 41 years. This was before his sister even took the last name of "S____." His wife lives with him and is the named beneficiary for his survivor benefit plan annuity. 3. The applicant provides a self-authored letter and the following: * Commonwealth of Virginia Certificate of Marriage, dated 4 May 1974 * Certificate of Marriage from the Military Ordinariate, dated 16 May 1974 * DD Form 214 for the period ending 30 September 1998 * a letter from the National Personnel Records Center, St Louis, MO, dated 23 September 2015 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 was appointed as a Reserve commissioned officer of the Army on 24 August 1968. He entered active duty on 21 September 1968. 3. The applicant was honorably retired on 30 September 1998. His DD Form 214 shows the name of his nearest relative as "H____ S____." 4. The applicant provides a Commonwealth of Virginia Certificate of Marriage that shows he married DMF on 4 May 1974. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, provided that the DD Form 214 is a summary of a separating Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active duty, and prior inactive duty service at the time of release from active duty, retirement, or discharge. Block 19b (Nearest Relative) required the preparer to enter the name and address of the nearest relative as provided by the Soldier at the time of preparation. A later change of name or address did not warrant an amendment to this block on the DD Form 214. DISCUSSION: 1. The DD Form 214 captures a member's most recent period of continuous active duty and provides a record of all current active and prior active and inactive service at the time of release from active duty, retirement, or discharge. 2. The entry pertaining to the applicant's nearest relative is provided by the Soldier to the official preparing the DD Form 214. The applicant would have provided the name and address that is shown in block 19b of his DD Form 214. 3. Absent convincing independent and verifiable evidence to the contrary, it is presumed the applicant's nearest relative listed on his DD Form 214 was correct based on the information provided by him at the time the form was prepared. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003434 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003434 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2