IN THE CASE OF: BOARD DATE: 13 September 2023 DOCKET NUMBER: AR20230004523 APPLICANT REQUESTS: correction of DD Form 214 (Certificate of Release or Discharge from Active Duty), effective 30 September 2000, to change block 19b (Nearest Relative) from “” to “.” APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 6 February 2023 * Department of Defense Identification Card, undated * Certification of Marriage, 11 May 2012 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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 states the portion of his DD Form 214 as it relates to block 19b (Nearest Relative) is incorrect and should be changed to “,” from “,” as the current person listed is not a relative of his. He explains that he and his wife recently found his DD Form 214 and discovered the error. 3. The applicant provides: a. A photocopy of his Department of Defense (DoD) Identification Card. b. A Certification of Marriage, issued on 11 May 2012, listing the applicant as the groom and as the bride. 4. A review of the applicant’s service record shows: a. He enlisted in the Army National Guard on 19 September 1996. He was awarded the military occupational specialty (MOS) of 62B1O, Construction Equipment Repairer and was released from active-duty training (ADT) on 7 February 1997. b. The DD Form 214, effective 7 February 1997, lists “” in block 19b (Nearest Relative). c. He enlisted in the Regular Army on 9 October 1997. d. Servicemembers’ Group Life Insurance Election and Certificate (SGLV-8286), dated 21 October 1997, shows “” as the principal beneficiary and wife, and “” as the contingent beneficiary and mother of the applicant. e. Orders 214-0006, dated 1 August 2000 ordered separation from the Regular Army component with an effective date of 30 September 2000. f. He was honorably discharged from the Regular Army on 30 September 2000. His DD Form 214 shows he completed 2 years, 11 months, and 22 days of net active service. His DD Form 214 lists “” in block 19b (Nearest Relative). 5. By regulation (AR 635-5), 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. For Block 19b (Nearest Relative), 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." BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition and available military records the Board determined the nearest relative listed on his DD Form 214 for the period ending 30 September 2000 was correct in accordance with law and regulatory guidance at the time the DD Form 214 was prepared during the applicant’s separation. The Board noted the applicant signed his DD Form 214 prior to his separation as acknowledgement and administrative concurrence that the information was accurate. The Board noted the applicant was married in 2012 and separated from the military in 2000. Based on regulatory guidance the Board found no error on his DD Form 214 and denied relief. 2. The governing regulation provides that at separation the service member’s record will be used to enter accurate information when completing their DD Form 214, a summary of a specific period of active-duty service. 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. 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, U.S. 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 635-5 (Separation Documents) states 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. For Block 19b (Nearest Relative), 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) AR20230004523 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1