| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Mr. John N. Slone | Chairperson | |
| Mr. Richard T. Dunbar | Member | |
| Mr. Donald P. Hupman, Jr. | Member |
APPLICANT REQUESTS: That his Certificate of Release or Discharge from Active Duty, DD Form 214, item 17 be corrected to read “no.”
APPLICANT STATES: That all dental services were not completed prior to his separation. He provides an extract from his service dental records showing his last dental services were performed on 22 August 2000.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 23 July 1998. On an unknown date, he was recommended for discharge.
The VA has provided an extract from the applicant’s service dental records showing his last dental exam was on 20 March 2001 and that his oral health was determined to be Class 2. No treatment was performed on that date.
On 23 March 2001, the applicant was discharged. His DD Form 214, item 17 (member was provided a complete dental exam and all appropriate dental services and treatment within 90 days prior to separation) was checked “yes.”
Army Regulation 40-3 establishes policies pertaining to selected Army Medical Department programs and initiatives. Chapter 6 provides guidance for the delivery of oral health services within the Army Dental Care System. It states that the oral health status of personnel will be classified into four classes – class 1, 2, 3, or 4. Class 2 is for patients who have oral conditions that, if not treated or followed up, have the potential, but are not expected, to result in dental emergencies within 12 months.
Department of Veterans Affairs pamphlet “Federal Benefits for Veterans and Dependents” states that veterans may receive one-time treatment for service-connected dental conditions or disabilities that are not compensable if the conditions can be shown to have existed at discharge or within 180 days of release from active service. Veterans must apply to the VA for dental care within 90 days following separation.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
2. The evidence of record shows that the applicant received a dental exam two days prior to his separation. His oral health was classified as Class 2 – he had an oral condition that, if not treated or followed up, had the potential, but was not expected, to result in a dental emergency within 12 months. Since there was no emergency, he received the appropriate treatment from the Army, i. e., none. It was then up to the applicant to follow-up with the VA if he so desired.
3. Although the DD Form 214, item 17 was appropriately checked “yes,” a review of the applicant’s dental records would clarify that he did have an oral condition at the time of his separation for which treatment was not received. The VA, operating under its own policies and guidelines, has the jurisdiction to authorize treatment for those conditions or not authorize treatment.
4. 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
__jns___ __rtd___ __dph___ DENY APPLICATION
| CASE ID | AR2001059593 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20010828 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 100.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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