ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  18 October 2019

	DOCKET NUMBER:  AR20180000549


APPLICANT REQUESTS:  correction of item 19b (Nearest Relative) of his DD Form 
214 (Certificate of Release or Discharge from Active Duty) for the period ending 9 July 
1995, to show the address of his current spouse of 19 years instead of his former 
spouse.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	Certificate of Marriage
*	Judgment of Absolute Divorce

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, in effect, he believes his death benefits will incorrectly go to his 
former spouse if the information listed in item 19b is not corrected.

3.  The applicant enlisted in the Regular Army on 10 August 1989.

4.  On 9 July 1995, the applicant was honorably released from active duty.  Item 19b of 
the DD Form 214 he was issued lists, "X______ X_____, Xxxx X_____ Drive, XXXXX, 
XX  XXXXX."

5.  The applicant provides a judgment of absolute divorce granting absolute divorce on 
25 June 1998, from the individual listed in item 19b of his DD Form 214.  He further 
provides a copy of his certificate of marriage indicating he married his current spouse on 
20 July 1998. 

6.  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.  

BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found the 
requested relief is not warranted.

2.  The Board agreed that a post-service divorce and remarriage are an insufficient 
basis for changing information in item 19b of a DD Form 214.  The Board concluded the 
available evidence does not support a recommendation for relief in this case.  
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.

	  
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 (Separation Documents), then in effect, established the 
policies and provisions for the preparation and distribution of the DD Form 214.  It 
stated 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.  This regulation states that item 19a 
(Mailing Address After Separation) would reflect a permanent address for mailing 
purposes.  The "permanent" address served as a basis for contacting a Soldier within a 
short time after separation in the event the need arose.  It also stated that item 19b 
should reflect the name and address of a relative who would know the Soldier's location 
and address.  Neither address was intended to be changed or updated each time the 
individual or family member relocated following a Soldier's separation.
//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180000549

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