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ARMY | BCMR | CY2004 | 2004104028C070208
Original file (2004104028C070208.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         04 NOVEMBER 2004
      DOCKET NUMBER:  AR2004104028


      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. Melvin Meyer                  |     |Chairperson          |
|     |Mr. James Anderholm               |     |Member               |
|     |Mr. Jonathon Rost                 |     |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
dental treatment and services within 90 days prior to his separation.

2.  The applicant states that they did not complete his dental work because
he was approaching his separation date.  He needs his DD Form 214 corrected
in order to have his dental work completed.

3.  The applicant provides a copy of his DD Form 214 and a copy of his
denial records.

CONSIDERATION OF EVIDENCE:

1.  The applicant entered on active duty on 23 September 1998.  He was
released from active duty on the completion of his required active service
on       3 January 2004.  He served in Kuwait from December 2001 to May
2002 and in Iraq from April 2003 to October 2003.  His DD Form 214 shows
that he was provided a complete dental exam and all appropriate dental
services and             treatment within 90 days prior to his separation.
The applicant signed his        DD Form 214 attesting to its accuracy.

2.  The applicant's dental records show that he received dental treatment
from December 2001 through 27 October 2003.  He had a periodic oral
examination on 21 October 2003, and received dental treatment on 22 and 23
October 2003.  The 27 October 2003 entries in his dental records indicate
that the applicant wanted his wisdom teeth extracted.  The dental officer
stated that the procedure was not necessary, and apparently was not done.

3.  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 applicant was provided dental services and treatment in October
2003
within 90 days of his release from active duty.  The fact that he wanted
certain treatment, in this case his wisdom teeth extracted, does not
mandate such treatment.  The dental officer determined that the procedure
was unnecessary.  There is no error or injustice in this case.

2.  The applicant has submitted neither probative evidence nor a convincing
argument in support of his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

____MM _  ___JA___  ___JR __  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.





                                  ____ James Anderholm_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004104028                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041104                                |
|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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