IN THE CASE OF:	  

		BOARD DATE:	    8 September 2011

		DOCKET NUMBER:  AR20110003094 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty), item 19b (Nearest Relative), by removing her former spouse.

2.  The applicant states she is divorced.

3.  The applicant provides a copy of her final divorce decree, entered 29 June 2006.

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 4 November 1997.

3.  The final divorce decree, provided by the applicant, shows she was married to her former spouse, DLC, on 15 March 2002, in Clarksville, TN.  

4.  On 28 March 2003, she was honorably discharged due to disability, severance pay.  Item 19b of her DD Form 214 reflects DLC as her nearest relative and the mailing address is the same address listed on the divorce decree.  

5.  The applicant was divorced from her former spouse on 28 June 2006.  The address for both parties is listed as 3XXX North Sxxxxxxy Circle, Clarksville, TN.

6.  Army Regulation 635-5 (Separation Documents) establishes the policies and provisions for the preparation and distribution of the DD Form 214.  This regulation states item 19b should reflect the name and address of a relative who would know the Soldier’s location and address.  This address was not intended to be changed or updated each time the individual or family member relocated following a Soldier’s separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of her DD Form 214 by removing the name of her former spouse from item 19b.

2.  At the time of separation, on 28 March 2003, the applicant's former spouse was listed as her nearest relative.  The applicant did not divorce her former spouse until 28 June 2006; therefore, the information shown in item 19b was accurate at the time the document was prepared.  

3.  Item 19b of the DD Form 214 was not intended to be updated each time former Soldiers nearest relative changes or relocates in the years following separation from active duty.  No error or injustice exists with the information currently reflected on the DD Form 214.

4.  In view of the foregoing, her request should be denied. 







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)                                         AR20110003094



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ABCMR Record of Proceedings (cont)                                         AR20110003094



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