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 discharge.
3. The applicants military personnel and medical records show that while serving as in pay grade E-4 in a USAR unit, he was ordered to active duty in support of Operation Desert Shield/Storm on 17 January 1991.
4. The applicants military dental records show that he had a demobilization examination on 10 May 1991 in which it was indicated that restorative treatment was required for tooth number 12, a condition which as incurred in line of duty. In an examination dated 25 June 1991 a statement was entered in his records that all appropriate dental services and treatment indicated by the examination had not been completed.
5. On 19 July 1991 he was honorably released from active duty and returned to his USAR unit. He had a total of 6 months and 3 days of active service during that period. The DD Form 214 he was issued at that time, Item 17, Member was provided complete dental examination and all appropriate dental services and treatment within 90 days prior to separation was marked Yes.
6. 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.
7. 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 veterans 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 veterans records, within 90 days following that correction.
8. In the processing of this case an advisory opinion was obtained from the Office of The Surgeon General (OTSG). The OTSG recommended approval of the applicants request.
CONCLUSIONS:
1. The applicants records show that he required restorative treatment for a tooth to complete his dental treatment, a service which there is no record of being performed.
2. Therefore, it would appear that the applicants dental treatment was not complete and final at the time of his release from active duty.
3. In view of the foregoing, the applicants 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 19 July 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
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