IN THE CASE OF: BOARD DATE: 12 January 2016 DOCKET NUMBER: AR20150006732 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 change the address in block 19a (Mailing Address after Separation) and to correct the spelling of the name of his nearest relative in block 19b (Nearest Relative) from “PATRICK” to “PATRICIA.” 2. The applicant states: * his current mailing address is an address in Weeki Wachee, FL * there was a clerical error at the time of his discharge when entering his nearest relative’s name and he did not notice it until now 3. The applicant provides a copy of his DD Form 214. 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 has prior enlisted service and prior commissioned service as a U. S. Army Reserve (USAR) officer. On 20 December 1974, the applicant signed his letter of appointment, his oath of office and was commissioned in the Regular Army. 3. A DD Form 93 (Record of Emergency Data), completed on 7 July 1993, shows “PATRICIA A (K_______)” as his spouse. The address of the spouse shown on this form is “17XX CONGRESS DR., TUNERSVILLE, NJ 08012.” 4. On 29 May 1997, the applicant completed DD Form 2656 (Data for Payment of Retired Personnel) showing in Section VIII (Dependency Information), item 22 (Spouse) his spouse as “M____, PATRICIA K.” 5. On 30 September 1997, the applicant was honorably retired from active duty. His DD Form 214 reflects the following entries: * Item 19a – “17XX CONGRESS DRIVE, TURNERSVILLE, NJ 08012-2257” * Item 19b shows “PATRICK K. M______” 6. 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 states that item 19a would reflect a permanent address for mailing purposes. The “permanent” address served as a basis for contacting a Soldier within a short time after separation in the event the need arose. It also stated that item 19b should reflect the name and address of a relative who would know the Soldier’s location and address. Neither address was 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 contends his spouse’s first name is incorrectly spelled on his DD Form 214, item 19b. His DD Form 2656 and DD Form 93 lists his spouse’s first name as “PATRICIA” as opposed to “PATRICK” as currently listed on his DD Form 214. 2. The applicant’s address at the time of separation was correctly listed on his DD Form 214, item 19a. It was not intended to be updated each time a former Soldier relocated in the years following his separation from active duty. No error or injustice exists in the information currently reflected in this item. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X___ ____X___ ____X___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 19b of his DD Form 214 for the period ending 30 September 1997 the entry "PATRICK K. M_____" and replacing it with the entry “PATRICIA K. M______." 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correcting item 19a of his DD Form 214 for the period ending 30 September 1997. _______ _ _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) AR20150006732 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1