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Decision Text

ARMY | BCMR | CY1995 | 9510058C070209
Original file (9510058C070209.TXT) Auto-classification: Denied
APPLICANT REQUESTS:  That his DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to show that complete dental care was not provided to him within 90 days of his separation from active duty.

APPLICANT STATES:  Dental work had not been completed in his case.  He had a tooth that was rotting and the dental clinic could not get him an appointment before he was separated.

EVIDENCE OF RECORD:  The applicant's military personnel and dental records show:

On 6 September 1989 he enlisted in the Regular Army with no prior service, was promoted to pay grade E-4, was awarded the military occupational specialty of armor crewman, and was released from active duty at the expiration of his term of service on 5 September 1993 and transferred to the USAR Control Group (Reinforcement) the following day.  The 
DD Form 214 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.”

Army Regulation 635-5, as changed, the governing Army regulation for the preparation of the DD Form 214 states, in effect, that if a soldier has completed at least 180 days of continuous active service at the time of separation, if he or she was provided a complete dental examination, and all appropriate dental services and treatment have been completed within 90 days prior to separation, the DD Form 214, item 17, “Member was provided complete dental examination and all appropriate dental services and treatment within 90 days prior to separation” will be marked “Yes.”

In the processing of this case an advisory opinion was obtained from the Army Reserve Personnel Center Assistant Command Surgeon who stated that the applicant was seen by a dental officer on 6 June 1993 with a complaint of “I think I have a hole in this tooth.”  An examination of the tooth did not find any hole.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:

1.  The applicant received a dental examination within 90 days of his separation from active duty.  That examination did not show that he had any dental defects which required treatment.

2.  The applicant’s complaint that there was a hole in his tooth was found to be unsubstantiated.

3.  Therefore, the applicant’s DD Form 214 was properly completed, indicating that he had received complete dental care prior to his separation.

4.  In view of the foregoing, there is no basis for correcting the applicant’s records.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

                       GRANT          

                       GRANT FORMAL HEARING

                       DENY APPLICATION




						Karl F. Schneider
						Acting Director

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