Title: 2
Author: +

ABCMR Proceedings (cont)                     AC93-13396

2.  The applicant requests that his DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to show that he had not received complete dental care prior to his separation.

3.  He states that he had not been provided complete dental care prior to his separation.

4.  The applicant’s military personnel and medical records show that while a reservist assigned to a troop program unit in pay grade E-5, on 6 December 1990 he was ordered to active duty in support of Operation Desert Shield.

5.  The applicant’s military dental records show that he had a separation dental examination on 3 June 1991 in which it was stated that all appropriate dental services and treatment indicated by the examination had not been completed.  His dental records indicate that he required an operation on tooth #3 to complete his required dental treatment.

6.  On 6 June 1991 he was released from active duty and returned to his reserve unit.  The DD Form 214 he was issued at that time, block 17, “Member was provided complete dental examination and all appropriate dental services and treatment within 90 days prior to separation” was marked “Yes.”

7.  Army Regulation 635-5, as changed, the governing Army regulation for the preparation of the DD Form 214 states that block 17 of the DD Form 214 is applicable to soldiers who had completed at least 180 days of continuous active service at the time of separation.  If the soldier had been provided a complete dental examination, and all appropriate dental services and treatment had been completed within 90 days prior to separation, the DD Form 214, block 17, “Member was provided complete dental examination and all appropriate dental services and treatment within 90 days prior to separation” will be marked “Yes.”  For soldiers being separated prior to completing 180 days continuous active duty “NA” is to be shown in both “Yes” and “No” blocks.

8.  The VA, operating under its own laws and regulations, may provide one-time outpatient treatment, consisting of a full spectrum of diagnostic, surgical, restorative and preventive techniques for service connected dental conditions or disabilities that are not compensable in degree, if a condition can be shown to have existed at separation from active duty.  Other factors are also considered by the VA in determining a veteran’s entitlement to this service, such as his characterization of service.  The veteran must apply to the VA for care within 90 days of his separation or, in instances where the Board corrects a veteran’s records, within 90 days following that correction.

9.  In the processing of this case an advisory opinion was obtained from the Office of The Surgeon General (OTSG).  The OTSG stated that the applicant’s DD Form 214, block 17, should have been checked “No.”

CONCLUSIONS:

1.  The applicant’s records show that he required an operation to complete his dental treatment, a service which there is no record of being performed.

2.  Therefore, it would appear that the applicant’s dental treatment was not complete and final at the time of his separation from active duty.

3.  The preceding conclusions are consistent with the advisory opinion obtained from the OTSG.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the DD Form 214 of the individual concerned covering the period ending 6 June 1991 have block 17, “Member was provided complete dental examination and all appropriate dental services and treatment within 90 days prior to separation”, corrected from “Yes” to “No.”

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION

		                           
		        CHAIRPERSON