ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF: 

	BOARD DATE:  22 April 2019

	DOCKET NUMBER:  AR20180014176


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty), for the period ending 31 October 2002, by changing the 
name and address listed in item 19b (Nearest Relative (Name and Address – include 
Zip Code).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

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

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10 (Armed 
Forces), United States Code (USC), section 1552 (b) (Correction of Military Records:  
Claims Incident Thereto).  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 the name and address currently listed on his DD Form 214 is no 
longer correct.

3.  The applicant provides a marriage certificate showing he married xx__ x. xx__ on 
4 May 2011.

4.  The applicant's service records show:

	a.  He was appointed as a U.S. Army Reserve Dental Corps officer and executed his 
oath of office on 19 March 1969.  Following service on active duty and in the 
Pennsylvania Army National Guard, he entered active duty as a Dental Corps officer on 
5 January 1981 (his oath of office for this latter period of service is not available in his 
official military personnel record).  

	b.  On 31 October 2002, he was honorably retired; his DD Form 214 shows xx__ x. 
x__ as his nearest relative in item 19b.

5.  Army Regulation (AR) 635-5 (Separation Documents), in effect at the time, provided 
guidance for the preparation of the DD Form 214.  It stated the DD Form 214 was a 
summary of a Soldier's most recent period of continuous active duty; it was intended to 
provide a brief, clear-cut record of active duty service, as existed at the time of 
separation.  The regulation had no provision for amending DD Form 214s to reflect 
changes occurring after separation.

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is 
insufficient evidence to grant relief.  The applicant’s next of kin change occurred after 
the applicant was discharged from the service and this type of information is not 
contained on the DD 214.  The Board discussed that the applicant should go to his 
nearest Defense Enrollment Eligibility Reporting System (DEERS) office or visit 
milconnect.dmdc.osd.mil online to update his next of kin data.





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.


ADMINISTRATIVE NOTE(S):

Not Applicable



REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within 3 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 3-year statute of limitations if the ABCMR determines it would be in the 
interest of justice to do so.  

2.  AR 635-5 (Separation Documents), in effect at the time, provided guidance for the 
preparation of the DD Form 214.  It stated the DD Form 214 was a summary of a 
Soldier's most recent period of continuous active duty; it was intended to provide a brief, 
clear-cut record of active duty service, as existed at the time of separation.  The 
regulation had no provision for amending DD Form 214's to reflect changes occurring 
after separation.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180014176

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