BOARD DATE: 17 October 2017 DOCKET NUMBER: AR20160017149 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x_____ __x______ __x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 17 October 2017 DOCKET NUMBER: AR20160017149 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. ___________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. BOARD DATE: 17 October 2017 DOCKET NUMBER: AR20160017149 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, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 18 September 1990 to show a different name and address of her nearest relative. 2. The applicant states, in effect: a. At the time of her enlistment she was married to W.L.K. During her outprocessing, the official preparing her DD Form 214 asked her what name and address she wanted entered in block 19b (Nearest Relative) of her DD Form 214. She indicated she wanted to list her friend, J.K. b. She knew J.K. from the U.S. Embassy in Finland. J.K. helped her file for refugee status and that is why she wanted to commemorate his name on her DD Form 214. c. After returning home, she understood she could not place J.K.'s information on her DD Form 214 because she was married to W.L.K., who was her nearest relative. 3. The applicant provides her DD Form 214 for the period ending 18 September 1990 and several miscellaneous documents that are identified in pages 6 and 7 of her online application for correction of military records. 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's military records contain a translated marriage certificate that shows she married W.L.K. on 18 September 1989. 3. The applicant enlisted in the U.S. Army Reserve on 4 April 1990. Her DD Form 4 (Enlistment/Reenlistment Document) shows her home of record (HOR) as Moraga, CA. 4. The applicant entered initial active duty for training (IADT) on 11 April 1990 and was released from IADT on 18 September 1990. She was issued a DD Form 214 for this period of active service that shows in: * block 7b (HOR), an address in Moraga, CA (same as her DD Form 4) * block 19a (Mailing Address after Separation), an address in Moraga, CA (same as her DD Form 4) * block 19b, the entry J _ _ K _ _ _ , Fairfax, VA 5. The applicant provides numerous documents that are identified in her online application for correction of military records. It appears her intended purpose for providing these documents is to show that she was married to W.L.K during the period covered by her DD Form 214. REFERENCES: Army Regulation 635-5 (Separations Documents), in effect during the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. a. It established standardized policy for the preparation of the DD Form 214. b. It provided that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. c. It provided that the information in block 19a would be provided by the Soldier. If further instructed the preparer to "advise the Soldier that the name and address of a relative should be someone who will know their location and address at all times. When a relative is not available, use a close friend." DISCUSSION: 1. The applicant contends her DD Form 214 for the period ending 18 September 1990 should be corrected to show her nearest relative at the time of her release from active duty was W.L.K. instead of J.K. 2. The applicant's contention that she was married to W.L.K. during the period covered by her DD Form 214 is not in doubt; however, the entries pertaining to the name and address of the nearest relative are provided by the Soldier to the official preparing the DD Form 214. The applicant would have been the one to provide this name and address for entry on her DD Form 214. 3. Absent convincing and verifiable evidence to the contrary, it is presumed the applicant's nearest relative (or close friend) listed on her DD Form 214 was correct based on the information provided by her at the time the form was prepared. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160017149 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160017149 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2