IN THE CASE OF: 

		BOARD DATE:  12 June 2018

		DOCKET NUMBER:  AR20160008847


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

x	:x	:x	DENY APPLICATION


2 Enclosures
1.  Board Determination/Recommendation
2.  Evidence and Consideration




		IN THE CASE OF: 

		BOARD DATE:  12 June 2018

		DOCKET NUMBER:  AR20160008847


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/address "Ma__ A. Do__, 9xxx N__ P_ Road, Tampa, Florida 33xxx"  
instead of "M__ A. Ho__- Ba__,"8xxx Ch__ Tr__, Jacksonville, Florida 32xxx."  

2.  The applicant states the name of the nearest relative is incorrect.  

3.  The applicant provides:

*	DD Form 214
*	DEERS Printout of dependents' names
*	Dependent ID card of a retired Soldier

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 U.S. Army Reserve on 5 July 1972.  He entered 
active duty on 29 August 1982.  He served through multiple reenlistments and he 
attained the rank/grade of sergeant major (SGM)/E-9. 

3.  He retired on 30 June 2007 and he was placed on the Retired List in his 
retired rank/grade of SGM/E-9 on 1 July 2007.  His DD Form 214 shows the 
following entries:

*	Item 19a (Mailing Address After Separation), 8xxx Ch__ Tr__, 
Jacksonville, Florida 32xxx"
*	Item 19b (Nearest Relative), "M__ A. Ho__- Ba__, 8xxx Ch__ Tr__, 
Jacksonville, Florida 32xxx"  

4.  He provides DEERS printout of his dependents, listing the name of his spouse 
as "M__ A. Doo" as well as a dependent ID card for said individual. 

REFERENCE:

Army Regulation 635-5 (Separation Documents) at the time established the 
standardized policy for preparing and distributing the DD Form 214.  The DD 
Form 214 is a summary of the Soldier’s most recent period of continuous active 
duty.  It provides a brief, clear-cut record of all current active, prior active, and 
prior inactive duty service at the time of release from active duty, retirement, or 
discharge.  The DD Form 214 is not intended to have any legal effect on 
termination of a Soldier’s 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.  Items 19a and 19b show the permanent 
mailing address after separation and the address of the nearest relative is 
provided by the Soldier.

DISCUSSION:

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 entered on his 
DD Form 214.  

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.

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.

												 
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.


//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20160008847


2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


ABCMR Record of Proceedings (cont)	AR20160008847


3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


Enclosure 2