IN THE CASE OF: BOARD DATE: 15 October 2015 DOCKET NUMBER: AR20150002852 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) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the name "Sandra M. N---" instead of "Rosalind A. N---." 2. The applicant states, in effect, there was miscommunication that led to the error. 3. The applicant provides: * DD Form 214 * Foreign Marriage Certificate 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 Regular Army on 20 October 1977. He served through multiple reenlistments and he attained the rank/grade of staff sergeant (SSG)/E-6. 3. He provides a foreign marriage license/certificate confirming his marriage to Sandra M. on 17 December 1979. 4. He retired on 31 August 1993 and he was placed on the Retired List in his retired rank/grade of SSG/E-6 on 1 September 1993. The DD Form 214 he was issued shows in item 19b the entry "Rosalind A. N----" and an address. He authenticated this form with his signature. 5. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. Chapter 2 contains guidance on the preparation of the DD Form 214. Item 19b shows the name and address of the member's nearest relative as provided by the Soldier. DISCUSSION AND CONCLUSIONS: 1. The entry pertaining to the name and address of the nearest relative is provided by the Soldier to the official preparing the DD Form 214. The applicant would have been the one to provide the name and address on his DD Form 214. He also authenticated the DD Form 214 by placing his signature in the proper block. 2. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to now record the name and address of a different relative, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records. 3. Absent convincing independent and verifiable evidence to the contrary, it is presumed the applicant's military service records, including the DD Form 214, were correct at the time and there is no reason to change it. 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) AR20150002852 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150002852 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1