RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 JUNE 2005
      DOCKET NUMBER:  AR20040006696


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

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Kenneth H. Aucock             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William Powers                |     |Chairperson          |
|     |Ms. Karen Fletcher                |     |Member               |
|     |Mr. Kenneth Wright                |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his DD Form 214 (Certificate of Release or
Discharge from Active Duty) be corrected to show that he was not provided a
complete dental exam and all appropriate dental services and treatment
within   90 days prior to his separation.

2.  The applicant states that he underwent a dental procedure in
March/early April [2004], at which time he was informed that he needed a
root canal.  A follow-up appointment was made.  Once he realized that his
separation was imminent, he inquired about his pending dental appointment,
and was told to “take it up with the VA.”  He was discharged prior to
completion of his dental work, rushed through the outprocessing, and
ordered to sign many documents, to include the DD Form 214.  Shortly
thereafter, he realized the error in the      DD Form 214.  When he
attempted to enroll in the VA (Department of Veterans Affairs), he was
refused dental work because of the entry in his DD Form 214 [e.g., all
dental services completed].  He found a dentist who completed the work for
a fee of $1560.00.  That dentist stated that the work started in Alaska was
only for a tooth filling, and that there had been no preparation for a root
canal.

3.  The applicant provides a copy of his DD Form 214, a copy of an
appointment slip, and a copy of a bill for dental services.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army for three years on 31 October 2001,
completed training as a food service specialist and in September 2002 was
assigned to Fort Richardson, Alaska.

2.  On 19 September 2003 the Third Judicial District Court at Anchorage
sentenced the applicant to 5 years imprisonment, with 3 ½ years suspended,
and 3 years of probation, for his conviction of conspiracy to commit
robbery in the first degree in March 2003.

3.  On 3 November 2003 the applicant’s commanding officer recommended that
the applicant be separated as a result of his conviction by a civil court.
On        16 March 2004 a board of officers met and recommended that the
applicant be discharged from the Army for misconduct and that he receive a
discharge under other than honorable conditions.  On 8 April 2004, the
separation approval authority approved the board’s recommendations and
directed that the applicant be discharged under other than honorable
conditions.

4.  The applicant was discharged on 20 April 2004 at Fort Richardson.  His
    DD Form 214 reflects, in effect, that all appropriate dental services
and treatment were completed prior to his separation.  The applicant signed
the DD Form 214.
5.  The slip that the applicant submits with his request shows that he had
an appointment at the Fort Richardson Dental Clinic on 27 April 2004.

6.  The bill that he submits with his request shows that he had dental work
performed beginning on 29 June 2004.

7.  The applicant’s medical and dental records are not available to the
Board.

8.  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 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 AND CONCLUSIONS:

1.  The fact that the applicant had a dental appointment scheduled after
his discharge does not mean that all appropriate dental services and
treatment had not been completed prior to his separation.  The applicant
himself stated that he had a tooth filled prior to his discharge.  His
apparent follow-on appointment does not equate to a requirement for further
dental treatment, for instance root canal therapy.  The applicant’s medical
records are not available.  Item 17 on his DD Form 214, however, shows that
all appropriate dental services and treatment had been completed.  In this
respect, regularity is presumed.  Furthermore, and notwithstanding his
statement that he was ordered to sign his DD Form 214, he did sign that
form, attesting to its accuracy.

2.  The applicant has provided no evidence that he did not receive all
appropriate dental services and treatment prior to his discharge.  There is
no error or injustice in this case.

3.  The applicant has submitted neither probative evidence nor a convincing
argument in support of his request.  Consequently, his request to correct
his      DD Form 214 to show that he was not provided all appropriate
dental services and treatment within 90 days prior to his separation is not
granted.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__WP___  ___KF  __  ___KW__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





                                  ____  William Powers______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040006696                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050607                                |
|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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