ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 
	BOARD DATE:  24 September 2019

	DOCKET NUMBER:  AR20170008789


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) issued on 21 August 2008 to:

* correct item 19a (Mailing Address after Separation)
* correct item 19b (Nearest Relative)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* final judgement of dissolution of marriage
* dependent benefits sheet
* 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 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 items 19a and 19b of his DD Form 214 need corrections.  He divorced his former wife and had her name removed from all Veterans Administration (VA) and Military documents.  He states that X___ X___ is his certified VA caregiver and wife.  Having his former wife’s name on his DD Form 214 increases problems emotionally for him. 

3.  The applicant provides:

	a.  A copy of the final judgement of dissolution of marriage with property but no dependent or minor children, uncontested.  The judgement was ordered by the circuit court of the seventh judicial circuit, St Johns, FL.  The order, dated 5 December 2012, dissolves the marriage of the applicant and his former spouse X___ X___.  

	b.  A copy of a marriage certificate issued by the commonwealth of Puerto Rico for the applicant and his current spouse Ms. X___ X___ X__.  The certificate documents the marriage ceremony on 15 September 2013 and its registration on 17 September 2013.

	c.  A copy of a dependent benefits document from the VA website eBenefits showing Ms. X__X__ X__ as the applicant’s current spouse.  

	d.  A DD Form 214 showing his service from 1 June 2006 to 21 August 2008.

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

	a.  He enlisted in the Regular Army on 10 August 1995.  He reenlisted on 8 May 1998 and 31 May 2002.  He was released from active duty on 30 May 2004 for immediate enlistment in the National Guard.

	b.  He was ordered to Active duty in support of Operations Noble Eagle and Enduring Freedom from 15 February 2005 to 28 January 2006.  He enlisted in the Regular Army on 1 June 2006. 

	c.  He served in Germany from 19 August 1999 to 16 August 2002.

	d.  On 21 August 2008, he retired from active duty.  He was assigned Separation Program Designator (SPD) of SFK, Disability Temporary.  He completed 9 years, 11 months and 2 days of active service.  His DD Form 214 shows in:

* Item 19a (Mailing Address after Separation), 202_ X___ X___ Drive, St X___, X__ ##__
* Item 19b (Nearest Relative), X__X-X__ 202_ X___ X___Drive, St X____, X_ ##__

5.  By regulation, 635-5 (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 all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge.  The information entered thereon reflects the conditions as they existed at the time of separation. .

* Item 19a shows the mailing address after separation
* Item 19b shows the name and address of the member's nearest relative as provided by the Soldier.


BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was not warranted.  Board members determined that the mailing address and name of the spouse were correct at the time of separation.  Based upon the documentary evidence provided by the applicant and found within the military service record, the Board concluded there was no evidence of an error or injustice which would warrant granting the requested relief.

BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

X	X	X	DENY APPLICATION

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.1.  

	 
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 Army Board for Correction of Military Records (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), in effect at the time, 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 information entered thereon reflects the conditions as they existed at the time of separation. .

* Item 19a shows the mailing address after separation
* Item 19b shows the name and address of the member's nearest relative as provided by the Soldier


ABCMR Record of Proceedings (cont)	 AR20170008789


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