IN THE CASE OF:	  

		BOARD DATE:	  18 May 2010

		DOCKET NUMBER:  AR20090019180 


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 reconsideration of his request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show "No" in item 17 (Member was Provided Complete Dental Examination and All Appropriate Dental Services and Treatment within 90 days Prior to Separation).

2.  The applicant states the following:

	a.  He was not provided a complete dental examination and all appropriate dental services and treatment within 90 days prior to separation.

	b.  His dental records clearly show his dental treatment was incomplete.

	c.  With item 17 showing "Yes," the Department of Veterans Affairs (VA) has denied his request to continue orthodontic work the Army had not completed.

	d.  He and the clerk who cleared his documents prior to his retirement overlooked the error.

	e.  He had been receiving orthodontic treatment since early 2005.  At his last duty station he was pressed for time to complete treatment due to his pending retirement.  A surgeon informed him that if the treatment could not be completed he would be taken care of by VA dental services, which has not happened.

	f.  He has been wearing orthodontic braces for 5 years and needs surgery that was not completed.
3.  The applicant provides the following:

* a memorandum from an oral/maxillofacial surgeon describing a treatment and recovery plan for a surgical procedure the applicant was scheduled to undergo in January 2009
* dental records

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090007036 on 17 September 2009.

2.  The applicant submitted his Army dental records in support of his application.  These documents were not previously reviewed by the ABCMR and are considered new evidence warranting consideration by the Board.

3.  The applicant's dental records show, subsequent to treatment for a broken jaw sustained in a vehicle accident in 2003, he was referred for orthodontic treatment in preparation for orthognathic surgery to correct a congenital defect.  He began orthodontic treatment in 2004.

4.  A Standard Form 603A (Chronological Record of Dental Care) shows the applicant was scheduled for orthognathic surgery on 6 January 2009.  The surgery was attempted, but aborted due to a previously-undetected defect in the applicant's jaw.

5.  A memorandum, dated 7 April 2009, addressed to VA medical personnel from a member of the surgical team confirms the planned course of treatment was not completed prior to the applicant's retirement.

6.  Army Regulation 635-5 (Separation Documents) states item 17 of the DD Form 214 is applicable only to Soldiers who have completed 180 days or more of continuous active duty.  The regulation further directs the individual preparing the DD Form 214 to check the Standard Form 603 (Health Record - Dental) for a valid exam and all appropriate treatment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show "No" in item 17 is supported by the evidence.

2.  The record clearly shows the applicant began orthodontic treatment in preparation for orthognathic surgery to correct a congenital defect prior to his retirement.  The record also clearly shows the treatment was not completed before the applicant retired.  He is entitled to correction of item 17 of his DD Form 214 to show "No."

BOARD VOTE:

___X____  ___X___  __X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20090007036, dated 17 September 2009.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting item 17 of his DD Form 214 to indicate the block "No" is checked.



      __________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)                                         AR20090019180



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ABCMR Record of Proceedings (cont)                                         AR20090019180



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