Search Decisions

Decision Text

ARMY | BCMR | CY2011 | 20110017700
Original file (20110017700.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:  1 March 2012

		DOCKET NUMBER:  AR20110017700 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of the last name shown in his record.

2.  He states his last name is Orellana, not Cooper.  On 11 January 1989, prior to entering active service on 30 January 1989, he filed a request for verification of birth to the Pennsylvania Birth Verifications, but "still was put in as Cooper."

3.  He provides a:

* letter from the Department of Veterans Affairs (DVA) Charlottesville Community Based Outpatient Clinic, Charlottesville, VA, dated 21 July 2011
* DD Form 372 (Request for Verification of Birth), dated 11 January 1989
* Pennsylvania Certification of Birth, issued on 26 July 2007
* self-authored notarized statement
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 26 July 1989

CONSIDERATION OF EVIDENCE:

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 Army Board for Correction of Military Records (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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's Official Military Personnel File (OMPF) contains a DD Form 214 for the period 27 July 1987 through 2 October 1987 that shows he served on active duty for training as a member of the Pennsylvania Army National Guard.  The DD Form 214 shows his last name as Cooper.

3.  On 30 January 1989, he enlisted in the Regular Army (RA).

4.  The documents completed during his RA enlistment processing shows he enlisted using the last name Cooper.  Item 27 (Relatives) of the DD Form 1966 (Record of Military Processing - Armed Forces of the United States), dated
30 January 1989, completed during his RA enlistment processing shows his father's last name as Orellana.

5.  A DD Form 398-2 (Department of Defense Personnel Security Questionnaire), dated 20 January 1989, completed during his RA enlistment processing shows in item 2 (Aliases) the last name entry of Orellana.

6.  On 26 July 1989, he was honorably discharged by reason of not meeting procurement medical fitness standards with no disability.  The DD Form 214 issued he was issued at the time shows his last name as Cooper.

7.  A review of his record shows he exclusively used the last name of Cooper throughout his military service.

8.  He provides a:

	a.  Certification of Birth, issued on 26 July 2007, that shows the last name Orellana;

	b.  DD Form 372, dated 11 January 1989, that shows his last name at birth was Orellana;

	c.  letter from the DVA Charlottesville Community Based Outpatient Clinic, dated 21 July 2011, informing him his application for health benefits could not be processed due to a name conflict between his DD Form 214 and his application; and;

	d.  a notarized statement in which he states:

* his DD Form 214 and high school diploma show his last name as Cooper
* his birth certificate shows the name of Orellana, the last name he uses now
* he swears these two are the same person

DISCUSSION AND CONCLUSIONS:

1.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understandable the applicant desires to now record his correct last name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.  

2.  The applicant is advised that a copy of this decisional document, which confirms his correct last name, will be filed in his OMPF.  This should serve to clarify any questions or confusion in regard to the difference in the last name recorded in his military record and to satisfy his desire to have his correct last name documented in his OMPF.

3.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

BOARD VOTE:

________  ________  ________  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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ___________X____________
                 CHAIRPERSON
      
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.
ABCMR Record of Proceedings (cont)                                         AR20110017700



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110017700



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2010 | 20100018678

    Original file (20100018678.txt) Auto-classification: Denied

    All other documents filed in his Official Military Personnel File (OMPF) also list same last name as recorded on his DD Form 4 and DA Form 20. The DD Form 214 he was issued at the time lists the same last name as recorded on his DD Form 4, DA Form 20, and on all other documents filed in his OMPF. However, the evidence of record confirms he entered, served, and was released from active duty under the name listed on his DD Form 4, DA Form 20, DD Form 214, all other documents filed in his...

  • ARMY | BCMR | CY2014 | 20140005800

    Original file (20140005800.txt) Auto-classification: Denied

    The applicant requests his DD Form 214 (Report of Separation from Active Duty) with an effective date of 10 July 1974 be changed to show his name in item 1 (Last Name - First Name - Middle Name) without the suffix "Jr." 2. A DD Form 372 (Application for Verification of Birth for Official U.S. Armed Forces use only), dated 7 December 1972, shows his name with the suffix "Jr." Certificate Number PAS 74179/62/F1 is also shown. The applicant enlisted with his name showing the suffix "Jr." and...

  • ARMY | BCMR | CY2008 | 20080009481

    Original file (20080009481.txt) Auto-classification: Denied

    Item 1 (Name) of the DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued at the time shows his middle name as “Lxxe” and Item 5 (Date of Birth) shows his DOB as “ 1 May 1970.” The applicant authenticated this form by placing his signature in Item 21 (Signature of Member Being Separated) using his first name, middle initial “L,” and his last name. The applicant requests that his DD Form 214 be corrected to show his middle name as “Elxxxe" and his DOB as “1 May...

  • ARMY | BCMR | CY2008 | 20080005995

    Original file (20080005995.txt) Auto-classification: Denied

    He now requests his military records corrected. Counsel requests correction of the applicant’s military records to show his correct name, date of birth, and place of birth. The applicant requests that his DD Form 214, dated 24 November 1969, be corrected to show his correct name as “Roxxxxo Rxxxxa-Vxxa,” his DOB as “29 July 1947,” and place of birth as “Arecibo, Puerto Rico.” 2.

  • ARMY | BCMR | CY2002 | 2002078218C070215

    Original file (2002078218C070215.rtf) Auto-classification: Approved

    I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant states, in effect, that a correction to her record is required in order for her to receive credit for her military service toward seniority and retirement from her current employer, which is the Commonwealth of Pennsylvania. That all of the Department of the Army records related to this case be...

  • ARMY | BCMR | CY2006 | 20060002196C070205

    Original file (20060002196C070205.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 31 August 2006 DOCKET NUMBER: AR20060002196 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Documents contained in his Official Military Personnel File (OMPF) list his DOB as 7 July 1949. a. DD Form 4 (Enlistment Record) reflects his DOB as 7 July 1949. b. DD Form1584 (National Agency Check Request) reflects...

  • ARMY | BCMR | CY2011 | 20110008581

    Original file (20110008581.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his middle name as T----s instead of A----w. 2. The applicant provides: * his DD Form 214 * his Certificate of Live Birth from Tulare County, Visalia, CA * three pages of his DD Form 1966 (Record of Military Processing - Armed Forces of the United States) * page 3 of his DD Form 4...

  • ARMY | BCMR | CY2014 | 20140016763

    Original file (20140016763.txt) Auto-classification: Denied

    His records also contain the following: * DA Form 4187 (Personnel Action), dated 28 August 1989, requesting his enlistment in the RA; the form lists his last name as "CXXXXXX" * DD Form 398-2 (Department of Defense, Personnel Security Questionnaire), dated 16 October 1989, which lists his last name as "CXXXXXX;" item 2 (Aliases) of the form lists the name of "RXXXXXXXX" 6. His records also contain the following: * DD Form 4/1 (Enlistment/Reenlistment Document, Armed Forces of the United...

  • ARMY | BCMR | CY2014 | 20140021322

    Original file (20140021322.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of item 9 (Date of Birth (DOB)) of his DD Form 214 (Report of Separation from Active Duty) to show his DOB as 16 December 19XX instead of 15 December 19XX. His records also contain the following documents: * DA Form 41 (Record of Emergency Data), dated 23 March 1976, which lists his DOB as 15 December 19XX * DA Form 2-1 (Personnel Qualification Record – Part II),...

  • ARMY | BCMR | CY2011 | 20110011859

    Original file (20110011859.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). His DA Form 2-1 (Personnel Qualification Record) which was created upon his entry on active duty shows the last two digits of his SSN as "56." Item 3 (SSN) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for this period of service shows the last two digits of his SSN as "56."