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Decision Text

ARMY | BCMR | CY1996 | 9607553C070209
Original file (9607553C070209.txt) Auto-classification: Denied
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 from active duty.

APPLICANT STATES:  That he was not afforded complete dental treatment prior to his release from active duty.

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

He enlisted in the Regular Army in pay grade E-1 on 15 November 1978.  He was awarded the military occupational specialty of test measurement and diagnostic equipment maintenance support specialist and was promoted to pay grade E-5.

The applicant’s military dental records show that on 1 July 1993 the applicant failed to report for a periodontal evaluation.  On 16 July 1993 he underwent a periodontal evaluation and was charted for several deformities.  During that evaluation the dentist noted that the applicant was leaving the installation and decided to postpone his treatment until he arrived at his next duty station.  On 23 July 1993 the applicant received ongoing dental care but failed to report for periodontal treatment on 5 and 24 August 1993.

On 29 September 1993 he was honorably released from active duty under an early release program with special separation benefits payment of $41,561.37 and transferred to the USAR control group (reinforcement) the following day.  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.”

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, 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.”  For soldiers being separated prior to completing 180 days continuous active duty “NA” is to be shown in both “Yes” and “No” boxes.

In the processing of this case an advisory opinion (COPY ATTACHED) was obtained from the Office of The Surgeon General (OTSG).  The OTSG stated that since the last record of the applicant receiving dental care was on 19 January 1991, and since he was not released from active duty until 29 September 1993, his DD Form 214, block 17, should have been marked “No.”

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 had periodontal defects which were never repaired while he was on active duty.

2.  However, the applicant himself is responsible for the lack of repair of his periodontal defects by missing several dental appointments which had been made for that purpose.

3.  Therefore, it would appear that the Army did everything it could to complete the applicant’s dental treatment prior to his discharge from the Army.

4.  Since the Army had provided the applicant the opportunity to have his periodontal defects corrected, and since he did not chose to take advantage of that service, he is considered to have received complete and appropriate dental services prior to his separation from active duty.

5.  The advisory opinion from the OTSG has been carefully considered.  However, it is evident that the OTSG did not have all of the applicant’s dental records.  As such, the Board must discount the OTSG’s recommendation.

6.  In view of the foregoing, there is no basis for granting the applicant’s request.

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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