ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 November 2019 DOCKET NUMBER: AR20170009962 APPLICANT REQUESTS: correction of the former service member (FSM) separation documents to reflect that he was married. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 9 March 2017 * DD Form 149, dated 27 March 2017 * Department of Veterans Affairs (VA) Form 21-4171 (Supporting Statements Regarding Marriage) * Marriage Certificate * State of Illinois, Medical Certificate of Death * WD Form 53 (Enlisted Record and Report of Separation – Honorable Discharge) * WD Form 100 (Separation Qualification Record) * DD Form 214 (Report of Separation from the Armed Forces of the United States), for the period ending 21 January 1952 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, in two separate applications (AR20170009962, dated 27 March 2017), and (AR20170008100, dated 9 March 2017), that the FSM was married at the time of his death. He was married to X___ X___ X. 3. The applicant provides: * VA Form 21-4171, dated 17 January 2016 * Marriage Certificates, dated 22 September 1990 * Medical Certificate of Death, dated 23 November 2011, which states the FSM died on 6 June 1999. The form was amended on 3 December 2004 * WD Form 53 (Enlisted Record and Report of Separation Honorable Discharge) * WD Form 100 (Separation Qualification Record) show he was separated on 12 January 1949 * DD Form 214 for the period ending 21 December 1952, list his marital status as “single.” 4. A WD Form 53 and WD Form 100 shows the FSM enlisted in the Regular Army (RA) on 30 June 1947, was honorably discharged on 12 January 1949, and reflects he was single at that time. 5. A DD Form 214 shows the FSM enlisted in the RA on 21 November 1949, was honorably discharged on 21 January 1952, for immediate reenlistment. This form also reflects his marital status as “single.” 6. The FSM’s record shows a DD Form 214, which reflects that he reenlisted in the RA on 22 January 1952, and was discharged on 2 March 1954 due to a “physical disability with severance pay”. This form also reflects in his marital status as “married.” 7. A Marriage Certificate, dated 22 September 1990, shows that the applicant married the FSM on 22 September 1990. The marriage was officiated by the applicant/spouse, who is a minister, and signed by two witnesses. 8. The FSM’s death certificate, dated 23 November 2011, reflects he died on 6 June 1999. The form was amended on 3 December 2004. It reflects the following entries: * Item 8a (Marital Status), states never married with the “never” portion lined out * Item 17a (Informants Name), X___ X___ X with the last name lined out and X___ typed in * Item 17b (Relationship), states “Friend” with it lined out and “wife” typed in 9. A VA Form 21-4171, dated 17 January 2016, states that the author knew the applicant by way of church, but did not know the FSM. This form also shows the applicant was previously married from 20 May 1971 to 7 August 1979, and reflects the FSM was never previously married. 10. 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. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was not warranted. The records show the applicant married the applicant in 1990, after his period of military service. Pursuant to regulation guidance, the DD Form 214 only reflects the status of the FSM at the time of his discharge. Based upon a preponderance of the evidence, the Board determined there is insufficient evidence that shows he was married at the time of his discharge. 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 that 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. REFERENCES: 1. 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. Army Regulation 615-360 (Enlisted Personnel Discharge), dated 24 June 1953, provides this regulation for the discharge of enlisted personnel upon expiration of term of enlistment and set or the general provisions governing the separation from the service of enlisted and inducted persons. Section II, paragraph 6, states, detailed instructions relative to the completion and distribution of DD Form 214 are in Special Regulation 615-360-1 (Enlisted Personnel Separations.) 3. Special Regulation 615-360-1 prescribes the procedures to be followed in the separation of enlisted personnel from active military service and described the proper method of execution and disposition of the various forms, records, and reports required. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170009962 3 1