IN THE CASE OF: 

		BOARD DATE:  19 May 2022

		DOCKET NUMBER: AR20210015576


APPLICANT REQUESTS: correction of item 19b (Nearest Relative) of her DD Form 214 
(Certificate of Release or Discharge from Active Duty) to show as reflected on her 
DD Form 149 (Application for Correction of Military Record).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Court documentation

FACTS:

1. The applicant did not file within the three-year time frame provided in Title 10, United 
States Code, 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 stated her next of kin information is incorrect. The correct next of kin 
that needs to be listed is (he is also her beneficiary and Veterans Affairs caregiver). This 
person listed is no longer involved in her life and has not been for 18 years and is not to 
be trusted as next of kin. He is not a blood relative and has never been married. He was 
not supposed to be listed as her next of kin. The current person listed is the father of her 
child. At the time she was told she needed to put down a next of kin and did not have 
anyone else to put down. Since then, many issues have occurred. This person is no 
longer involved with her in any capacity and cannot be trusted to handle any duties that 
the next kin may need to do. The current person that needs to be listed as her next of 
kin is. He is trusted to handle all of her affairs including any affairs that occur after her 
death. He is also her emergency contact. Also, she has attempted to have this 
corrected numerous times to no avail.

3. The applicant enlisted in the Regular Army on 29 September 2005.


4. She was honorably released from active duty and transferred to U.S. Army Reserve 
Control Group on 28 July 2011. Item 19b (Nearest Relative) of her DD Form 214 shows 
the contested name.

5. The applicant provided court documents that show: 

	a. The contested name as the respondent in which the applicant is the petitioner as 
either a victim of domestic violence or has reasonable cause to believe she was in 
imminent danger of becoming a victim of domestic violence because the respondent 
has:

*	previously threatened, harassed, stalked, or physically abused the petitioner
*	a criminal history involving violence or the threat of violence
*	engaged in any other behavior or conduct that leads the petitioner to have 
reasonable cause to believe he or she is in imminent danger of becoming a 
victim of domestic violence

	b. The injunction was filed by the applicant on behalf of the minor (daughter). 

	c. Attached to the court documents were handwritten letters by the minor describing 
suicidal ideations. Also, in another letter she described mental distress her dad caused 
her when she tried to open up to him.


BOARD DISCUSSION:

1. After reviewing the application, all supporting documents, and the evidence found 
within the military record, the Board found relief is warranted. 

2. The Board noted that the information in item 19b of a DD Form 214 is provided by the 
Soldier at the time of separation and a change in that information after separation is not 
normally considered to retroactively create an error on the DD Form 214.  In this case, 
however, the Board noted the special circumstances referenced by the applicant and 
determined the entry in item 19b of her DD Form 214 should be changed. 
 



BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:X	:X	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all Department of 
the Army records of the individual concerned be corrected by replacing the entry in item 
19b of her DD Form 214 with the name she requested in her application.
		  
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, United States Code, 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. Army Regulation (AR) 635-5 (Separation Documents), in effect at the time, provided 
the following guidance for completing items 19a and 19b of the DD Form 214:

	a. Item 19a - Obtain from Soldier. Advise soldier that this must be a PERMANENT 
ADDRESS. 
	b. Item 19b. - Obtain from the Soldier the name, and address of a relative 
(permanently located) who will know the location and address of the Soldier at all times. 
If the Soldier does not have a relative in this category, then the name of a close friend 
whom the Soldier keeps informed of his/her location and address. If this address is the 
same as block 19a, enter the relative/friend's name and "address same as block 19a."

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20210015576


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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