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ARMY | BCMR | CY2005 | 20050004684C070206
Original file (20050004684C070206.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 NOVEMBER 2005
      DOCKET NUMBER:  AR20050004684


      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. Rene' R. Parker               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Mr. Thomas O’Shaughnessy          |     |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, Certificate of Release or
Discharge from Active Duty, be corrected to show that he had not received
complete dental care prior to his discharge.

2.  The applicant states that he was not given appropriate dental service
within 90 days of his separation.  He states he received oral surgery for a
tooth that decayed due to his service in Iraq.  He admits that the Fort
Carson Dental Clinic gave him a packet on Veteran's Affairs (VA) Benefits
at the time of his separation.  He states that it was the dental clinic's
intention to have his dental problems resolved through VA.  He concludes
that he is in pain and has no money to correct the problem.

3.  The applicant provides a copy of his dental records.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show that he enlisted in the Regular
Army on 13 January 2000.  He was awarded military occupational specialty
13B (Cannon Crewmember).  The applicant was discharged on 19 October 2004
with a general discharge, under honorable conditions.  He had 4 years, 9
months, and   7 days of active federal service at the time of discharge.

2.  The applicant's military dental records show that he was seen at the
dental clinic on 19 October 2004 at which time oral surgery was performed.
There are no notes or documentation in the applicant's records indicating
that a follow-up visit or additional dental treatments were required.

3.  The DD Form 214 issued at that time, item 17, “Member was provided
complete dental examination and all appropriate dental services and
treatment within 90 days prior to separation” was marked “Yes.”

4.  Army Regulation 635-5, as changed, the governing Army regulation for
the preparation of the DD Form 214 states, in effect, that if a Soldier has
completed at least 180 days of continuous active service at the time of
separation, if he or she was provided a complete dental examination, and
all appropriate dental services and treatment had been completed within 90
days prior to separation, the DD Form 214, item 17, “Member was provided
complete dental examination and all appropriate dental services and
treatment within 90 days prior to separation” will be marked “Yes.”

DISCUSSION AND CONCLUSIONS:

1.  The fact that the applicant had oral surgery performed on the date of
his separation does not mean that all appropriate dental services and
treatment had not been completed.  The applicant's records do not indicate
any follow-up appointments or further dental treatments were required.
Additionally, Item 17 on his DD Form 214 shows that all appropriate dental
services and treatment had been completed.  In this respect, the
presumption of regularity applies.

2.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JA____  ___TO __  __CK ___  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                 |AR20050004684                           |
|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          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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