ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 23 August 2019 DOCKET NUMBER: AR20180002156 APPLICANT REQUESTS: a correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to change block 19b (nearest relative) from X____ X____ to X____ X____ based on his remarriage with block 19a (mailing address after separation) as XXXX X____ X____ City Texas XXXXX-4XXXX. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Mailing envelope with current address * Copy of Marriage License * Copy of Marriage Certificate * Copy of Certification of Vital Records 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 that he would like block 19b of his DD Form 214 to change nearest relative from X____ X____ to X____ X____. He has been married to X____ X____ for 22 years. Update block 19a to show XXXX Co_ty Ro_d XXXX Ro_e City Texas XXXXX-XXXX. 3. The applicant provides a stamped envelope with the mailing address of XXXX Co_ty Ro_d XXXX Ro_e City Texas XXXX-XXXX. He also provides a copy of his Nevada marriage license that shows brides name as X____ X____. A copy of his marriage certificate shows the marriage date of 22 July 1996 and the brides name as X____ X____. A copy of his certificate of vital records shows the brides name as X____ X____ with a marriage date of 22 July 1996. 4. A review of the applicant’s service record show the following: a. He enlisted in the U.S Army Reserve (USAR) on 28 April 1989. He entered active duty on 19 May 1989. b. He served in Saudi Arabia from 15 October 1990 to 21 April 1991. c. Orders 117-35, dated 13 June 1992, releases the applicant from active duty not by reason of physical disability with an effective date of 7 September 1992. d. He was discharged from active duty on 7 September 1992. His DD Form 214 shows that he completed 3 years, 3 months, and 19 days of active duty service. Block 19b shows the name X____ X____ and block 19a as XXXX X____, Texas XXXXX. 5. There is no evidence the applicant has applied to the Army Discharge Review Board for review of his discharge within that board's 15-year statute of limitations. 6. Army Regulation (AR) 635-5 (Separation Documents) DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty).will be issued to provide missing information or to correct any information. Block 19a (mailing address after separation) this address must be a permanent address. Civilian penal institutions will not be accepted. Advise a 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. When the person is at the same address as 19a, enter "(NAME) and ADDRESS SAME AS BLOCK 19a.Block. 19b (nearest relative) will be provided by the Soldier. “DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) will be issued to provide missing information.” DD Form 215 will be issued when the missing information becomes available. DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. The applicant’s contentions were carefully considered. He used the contested addresses and next of kin at the time of his separation. The Board agreed the Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of evidence that shows a material error or injustice, there is a reluctance to recommend that those records be changed. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :JLS :LW :BS 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 (AR) 635-5 (Separation Documents) DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty).will be issued to provide missing information or to correct any information. Block 19a (mailing address after separation) this address must be a permanent address. Civilian penal institutions will not be accepted. Advise a 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. When the person is at the same address as 19a, enter "(NAME) and ADDRESS SAME AS BLOCK 19a.Block. 19b (nearest relative) will be provided by the Soldier. “DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) will be issued to provide missing information.” DD Form 215 will be issued when the missing information becomes available. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180002156 0 3 1