IN THE CASE OF: BOARD DATE: 14 July 2016 DOCKET NUMBER: AR20150011612 BOARD VOTE: ___x_____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 14 July 2016 DOCKET NUMBER: AR20150011612 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the current entry from item 9 of the 3 August 1965 DD Form 214 and adding the entry "Married." _____________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. IN THE CASE OF: BOARD DATE: 14 July 2016 DOCKET NUMBER: AR20150011612 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, the widow of the former service member (FSM), requests correction of item 9 (Marital Status) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 2. The applicant states, in effect, she and the FSM married on 15 January 1960 and they were still married at the time he was released from active duty (REFRAD) on 3 August 1965. 3. The applicant provides copies of their certificate of marriage and the FSM's certificate of death. 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. A DD Form 47 (Record of Induction) shows the FSM was inducted into the U.S. Army on 7 August 1963. Item 6 (Marital Status) shows an "X" indicating "Married." 3. A DA Form 41 (Record of Emergency Data) was prepared on 26 June 1964 and reviewed by the FSM in February 1965. It shows, in pertinent part, in item 9 (Name and Address of Spouse) the entry "Ida B____ H____" and that the FSM placed his signature on the form. 4. A Standard Form 89 (Report of Medical History) was prepared by the FSM on 17 June 1965. It shows, in pertinent part, in item 14 (Name Relationship, and Address of Next of Kin) the entry "Ida H____ (Wife)" and that the FSM placed his signature on the form. 5. The FSM's DA Form 20 (Enlisted Qualification Record) shows in item 7 (Marital Status) the entry "M" [Married]. 6. A DD Form 214 shows the FSM was inducted into the U.S. Army and entered active duty on 7 August 1963. He was honorably REFRAD on 3 August 1965 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation. a. He completed 1 year, 11 months, and 27 days of net active service this period that included 1 year, 7 months, and 4 days of foreign service in Germany. b. It also shows in item 9 the entry "Divorced." 7. A review of the available military service records failed to reveal any evidence that the FSM and applicant divorced during the period of service under review. 8. In support of the application the applicant provides the following documents. a. Commonwealth of Virginia, County of Danville, Certificate of Marriage, that shows the FSM and the applicant (Ida Mae B___) married on 15 January 1960. b. State of Maryland, Department of Health and Mental Hygiene, Certificate of Death, that shows the FSM died on 4 December 1989. Item 11 (Marital Status) shows he was married at the time of his death and item 19a (Informant's Name) shows the applicant's name. REFERENCES: Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the FSM's separation from active duty, prescribed policies and procedures regarding separation documents. It also established standardized policy for preparing and distributing the DD Form 214. Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders. The instructions for item 9 show, from the DA Form 20, enter "single, married, divorced, separated, widow, or widower," whichever is appropriate. DISCUSSION: 1. Records show the FSM was inducted into the U.S. Army on 7 August 1963 and that he was married at the time of his induction. a. His military personnel records show he remained married during the period of military service under review. b. He was REFRAD on 3 August 1965. c. Item 9 of his DD Form 214 shows his marital status as "Divorced." 2. The evidence of record shows he remained married to the applicant until the date of his death on 4 December 1989. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011612 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011612 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2