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ARMY | BCMR | CY2001 | 2001062522C070421
Original file (2001062522C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:



         BOARD DATE: 10 JANUARY 2002
         DOCKET NUMBER: AR2001062522

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mr. Deborah L. Brantley Senior Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Mr. Ted S. Kanamine Member
Mr. John T. Meixell Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: That his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that he did not receive complete dental treatment prior to his release from active duty.

APPLICANT STATES: In effect, that the entry in item 17 (Member was provided a complete dental exam and all appropriate dental services and treatment within 90 days prior to separation) on his DD Form 214 is incorrect. He states that dental treatment was not completed. He submits no evidence in support of his request but indicates that he noticed the error within days of his separation from active duty.

EVIDENCE OF RECORD: The applicant's military records show:

He entered active duty on 24 July 1998 and served as a food service specialist. He was released from active duty with an honorable characterization of service on 23 July 2001, at the completion of his enlistment contract. Item 17 on his DD Form 214, reflects “yes” in response to whether he was “provided a complete dental exam and all appropriate dental services and treatment within 90 days prior to separation.” The applicant authenticated the separation report with his signature.

Army Regulation 635-5 establishes the policies and provisions for the completion and distribution of the DD Form 214. It notes that item 17 is applicable to soldiers who have 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 item is marked “yes.” The information is obtained by reviewing a soldier’s SF 603 (Health Record-Dental) for validity of exam and all appropriate treatment. The applicant’s dental records were not available to the Board. The information in item 17 is intended to assist the DVA (Department of Veterans Affairs) in determining whether a veteran is entitled to continued dental services/care by that agency for dental defects that had not been completely corrected prior to the individual’s separation from active duty.

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. There is no evidence, and the applicant has not provided any, that the entry in item 17 on his DD Form 214 is incorrect. In the absence of such evidence, the Board presumes the information was accurate at the time the separation report was completed and authenticated by the applicant.


2. 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 that requirement.

3. 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

__FNE __ __TSK __ __JTM __ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2001062522
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020110
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 110.00
2.
3.
4.
5.
6.


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