BOARD DATE: 19 September 2017 DOCKET NUMBER: AR20160004095 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: 19 September 2017 DOCKET NUMBER: AR20160004095 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: 19 September 2017 DOCKET NUMBER: AR20160004095 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) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 3 February 2006. 2. The applicant states item 19b of his DD Form 214 requires correction to remove his ex-wife's name. 3. The applicant provides a VA Form 3288 (Request For and Consent to Release Information from Individuals Records) and an email dated 11 September 2017 clarifying his request. 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 enlisted in the Puerto Rico Army National Guard (PRARNG) on 26 April 2000. 3. On 11 August 2005, he was ordered to active duty in support of Operation Iraqi Freedom. On 3 February 2006 he was honorably released from active duty. Item 19b of the DD Form 214 issued at that time shows the name L____ F_____. 4. His official military personnel file (OMPF) includes two DD Forms 93 (Record of Emergency Data), dated 6 July 2005 and 8 April 2006. L____ F_____ is listed as the applicant’s spouse on both of these forms. REFERENCES: Army Regulation 635-5 (Separation Documents), then in effect, established the policies and provisions for the preparation and distribution of the DD Form 214. This regulation stated item 19b should reflect the name and address of a relative who would know the Soldier’s location and address. DISCUSSION: The applicant requests correction of item 19b on his DD Form 214 for the period ending on 3 February 2006 by removing the name of his ex-wife. The information in item 19b is provided by the Soldier at the time of release from active duty. There is no evidence of an error in this case. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004095 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004095 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS (ABCMR) RECORD OF PROCEEDINGS Enclosure 2