RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 NOVEMBER 2005
DOCKET NUMBER: AR20050001670
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
Ms. Deborah L. Brantley
Senior Analyst
The following members, a quorum, were present:
Mr. James Anderholm
Chairperson
Mr. Thomas OShaughnessy
Member
Ms. Carol Kornhoff
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 be corrected to show award of the Army Commendation Medal, to reflect that he served for 2 years and 8 months as an infantryman, MOS (military occupational specialty) 11B, and to show that he did not receive all his dental services and treatment within 90 days prior to his separation.
2. The applicant made no other statement.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), a copy of a recommendation for and approval of, an award of the Army Commendation Medal, and a copy of the certificate showing award of the Army Commendation Medal.
CONSIDERATION OF EVIDENCE:
1. The applicant entered on active duty on 15 January 2002, trained as an infantryman, and in May 2004 was assigned to Fort Carson, Colorado.
2. The applicant was released from active duty on 15 September 2004 because of a physical condition, not a disability, and transferred to the Army Reserve Control Group at St. Louis. His DD Form 214 shows that he served in Kuwait and Iraq, and that his awards included the Combat Infantryman Badge. It does not show award of the Army Commendation Medal. His DD Form 214 shows that he served 2 years and 4 months in MOS 11B10 infantryman. It shows that he was provided a complete dental exam and all appropriate dental services and treatment within 90 days prior to his separation.
3. The applicant was awarded the Army Commendation Medal for meritorious service while assigned to the 1st Battalion (Mechanized), 12th Infantry, during Operation Iraqi Freedom, for the period 4 April 2003 to 4 April 2004.
4. The applicants dental records are not available to the Board.
5. 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 soldiers 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 individuals separation from active duty.
6. Army Regulation 635-5 provides for the entry of the titles of all MOS served for at least 1 year, and for each MOS, to include the number of years and months served. Time served in basic training and advanced individual training is not counted.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the Army Commendation Medal. That award should be reflected on his DD Form 214.
2. The applicant was discharged on 15 September 2004. His DD Form 214 reflects, in effect, that all appropriate dental services and treatment were completed prior to his separation. His dental records are not available; however, regularity is presumed. The applicant has provided no evidence that he did not receive all appropriate dental services and treatment prior to his separation. His request to correct his record to show that he did not receive dental services and treatment prior to his separation is discharge is not warranted.
3. The applicant entered on active duty in January 2002, and was in training for 4 months prior to his assignment to Fort Carson. That time spent in training, basic and advanced individual, does not count as time served in his MOS as an infantryman. His DD Form 214 showing 2 years and 4 months time served in MOS 11B10 as an infantryman is correct. His request to correct his record to reflect 2 years and 8 months time served as an infantryman is not warranted.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__JA____ __TO ___ ___CK __ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Army Commendation Medal.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correcting his record to show that he did not receive a complete dental exam and all appropriate dental services and treatment within 90 days prior to separation; and denial of so much of his application that pertains to correcting his record to show that he served 2 years and 8 months as an infantryman in MOS 11B10.
____James Anderholm_______
CHAIRPERSON
INDEX
CASE ID
AR20050001670
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20051101
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY
ISSUES 1.
107.00
2.
110.00
3.
4.
5.
6.
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