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 applicants 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 applicants 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 Armys 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
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ABCMR Record of Proceedings (cont) AR20110017700
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