RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 JANUARY 2006
      DOCKET NUMBER:  AR20050005163


      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:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. Rodney Barber                 |     |Member               |
|     |Ms. Rea Nuppenau                  |     |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 date of birth be corrected on his DD
Form 214 (Certificate of Release or Discharge from Active Duty), and the
dental block be corrected to show that he had not received complete dental
care prior to his discharge.  Additionally, he requests Copy 4 of his DD
Form 214.

2.  The applicant states, in effect, that his date of birth on his DD Form
214 is listed as 5 October 1971 (sic) and should be listed as 28 August
1972.  He maintains that he did not receive dental care prior to leaving
the military but, in Item 17 of his DD Form 214, the “Yes” block was
checked instead of the “No” block.  The applicant also maintains that he
only received “member Copy 1” of his DD Form 214.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show that he enlisted in the Regular
Army on 30 August 2001 and was honorably discharged on 29 August 2004.  He
had        3 years of active federal service at the time of his discharge.

2.  On the DD Form 214 issued at that time, item 5 lists the applicant’s
date of birth as 5 November 1981.  Item 17, “Member was provided complete
dental examination and all appropriate dental services and treatment within
90 days prior to separation” was marked “Yes.”

3.  A City of Newark, New Jersey, Bureau of Vital Statistics certificate,
dated
12 May 2000 and enlistment contract obtained from the applicant’s official
military personnel file (OMPF) lists the applicant’s date of birth as 28
August 1972.  Copy 4, of the applicant’s DD Form 214 was contained in his
OMPF.

4.  On the Preseparation Counseling Checklist dated 15 April 2004, the
applicant checked Yes under “60-day or 120-day extended Military and
limited Dental benefits” indicating that he or his spouse desired
counseling on this service and benefit.

5.  There were no dental records available to the Army Board of Corrections
of Military Records (ABCMR) for review.


6.  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.”
Additionally, the regulation states that the signature in item 21 indicates
a Soldier has reviewed the form and accepts the information as being
correct to the best of their knowledge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 erroneously shows his date of birth as
         5 November 1981.  His Bureau of Vital Statistics certificate and
enlistment contract confirmed that his date of birth is incorrect and
should be corrected to read 28 August 1972.

2.  The applicant’s dental records were not available to the Board to
ascertain if or when dental care was provided.  The applicant checked “Yes”
during his preseparation briefing indicating that he desired counseling on
“limited dental benefits” and there is no evidence that he did not receive
that counseling.  Additionally, Item 17 on his DD Form 214 shows that all
appropriate dental services and treatment had been completed and the
applicant did not provide an explanation of why the box was “erroneously”
checked.  The applicant signed his DD Form 214 indicating that the
information was correct.  Therefore, in this respect, the presumption of
regularity applies.

3.  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.

4.  Copy 4 of the applicant’s DD Form 214 will be provided as requested.







BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__LS ___  __RB____  __RN___  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 his date of birth on his DD Form 214 as
28 August 1972.  Additionally, the applicant will be furnished Copy 4 of
his DD Form 214.

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
changing the dental block from “Yes” to “No” to show that he had not
received complete dental care prior to his discharge.




                                  _____ Linda Simmons______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050005163                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060112                                |
|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.       |136.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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