ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  2 October 2019

	DOCKET NUMBER:  AR20170000702


APPLICANT REQUESTS:  a change to his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to reflect the correct name and address of his nearest 
relative in block 19b

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	Electronic DD Form 149 (Application for Correction of Military Record)
*	DD Form 214

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, 
United States Code (USC), section 1552(b); however, the Army Board for Correction 
of Military Records (ABCMR) conducted a substantive review of this case and 
determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states:

     a.  His DD Form 214 on line 19b shows his nearest relative as Xx_ _ X. Xxx_ _-
Xx_ _.  However, he has no idea who this person is and he would like to add his wife 
Xx_ _ Xx_ _ Xx_ _, at 19xxx X_ _ Xx, Way_ _MO 655xx to replace the current 
person on line 19b.  

     b.  He believes, when he retired the clerk at his transition mistakenly copied and 
pasted the wrong information in the nearest relative block.  As he has stated before, 
he has never known a Xx_ _ X. Xx_ _Xx_ _.  If he was to pass away there need not 
be any complications for his wife with benefits or any other issues, or the concept of 
someone he does not know on his records as his nearest relative.

3.  The applicant provides a copy of his DD Form 214 for the period ending            
30 September 2013 to show the error in block 19b.



4.  A review of the applicant’s service record shows:

	a.  He enlisted in the Regular Army on 2 April 1993.

	b.  His DD Form 214 shows he was discharged on 30 September 2013.  Block 
19b shows his nearest relative as Xx_ _X. Xx_ _-Xx_ _ at #xx Xx_ _ Xx_ _ Xx., Xx_ 
_ XX ##xxx.  He completed 20 years and 21 days of net active service.

5.  By regulation, 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 active 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.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief 
was warranted.  The applicant’s contentions were carefully considered.  Based upon 
the documentary evidence provided by the applicant and found within the military 
service record, the Board agreed to correct the record as the information was not 
correct at the time of his separation and warrants correction.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

X	X	X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION




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 amending block 19b 
on his DD Form 214 for the period ending 30 September 2013 by deleting the entry 
and replacing it with the person and address he requested to list within his 
application.
	  
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.

REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three years after discovery of the alleged error or 
injustice.  This provision of law also allows the ABCMR to excuse an applicant's 
failure to timely file within the three-year statute of limitations if the ABCMR 
determines it would be in the interest of justice to do so.

2.  Army Regulation 635-5 (Personnel Separations - Separation Documents), 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 active 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.  

	a.  Paragraph 2-4a, completing the DD Form 214 states that the information on 
all eight copies of the form must be legible.  Each block of the form must have an 
entry; when data is not applicable, enter “NA,” “NONE” or hyphens, as appropriate.  
Avoid abbreviations whenever possible, since the form is often used by civilian 
organizations.

	b.  Paragraph 2-4h provides detailed instructions and source document(s) for 
completing each block of the DD Form 214.  Block 19, mailing address after 
separation and nearest relative, will be provided by the soldier.  



	c.  Paragraph 2-4h (19b) says to advise the soldier that the name 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.  When the person is at the same 
address as 19a, enter “(NAME) and ADDRESS SAME AS BLOCK 19a.


NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20170000702

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