IN THE CASE OF:
BOARD DATE: 16 December 2008
DOCKET NUMBER: AR20080014184
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that Item 17 (Member was Provided Complete Dental Examination and All Appropriate Dental Services and Treatment Within 90 Days Prior to Separation) of his separation document
(DD Form 214) be changed to reflect NO instead of YES.
2. The applicant states, in effect, that he did not receive a separation dental examination within 90 days of his retirement. He also indicates that his last dental examination was on 16 November 2007 which was more than 90 days prior to his release from active duty (REFRAD) for retirement on 30 April 2008. He further states he was advised by the Department of Veterans Affairs (VA) to request a correction of Item 17 of his separation document.
3. The applicant provides the following documents in support of this application: Self-Authored Statement; Fargo VA Medical Center and Regional Office Letter, dated 19 July 2008; and Chronological Record of Dental Care (SF 603A).
CONSIDERATION OF EVIDENCE:
1. The applicants record shows that on 7 April 2007 while serving as a member of the Army National Guard (ARNG), he entered active duty. At the time of his entry on active duty, he had already completed 21 years, 11 months, and
25 days of prior active duty service.
2. On 30 April 2008, the applicant was honorably REFRAD for the purpose of length of service retirement. Item 17 of the DD Form 214 he was issued at the time contains the entry Yes which indicates he was provided a complete dental examination and received all appropriate dental services and treatment within
90 days of his separation.
3. The applicant provides a Fargo VA Medical Center and Regional Office Letter, dated 19 July 2008, which informed him that it was necessary for him to have his DD Form 214 amended in order for the VA to approve his eligibility for dental care.
4. The applicant provides a SF 603A which shows he was administered a retirement dental examination on 8 November 2007. It also shows that the applicant received dental treatment on 16 November 2007 which consisted of an extraction of teeth. There are no additional dental treatment sessions entered on this document and no other dental treatment records available.
5. Army Regulation 635-5 (Separation Documents) 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 Standard Form 603 (Health Record-Dental) for the validity of the examination and all appropriate treatment. The information in Item 17 is intended to assist the DVA 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.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that Item 17 of his DD Form 214 should be corrected was carefully considered and found to have merit.
2. In this case, the evidence includes a SF 603A that confirms the applicants retirement dental examination and associated treatment was completed in November 2007. Given the applicants REFRAD for retirement was on 30 April 2008, his last dental examination and treatment was outside of the 90 day window established by the governing regulation.
3. In view of the facts of this case, it appears the applicant did not receive the appropriate dental examination and treatment necessary to support an entry of YES in Item 17 of his DD Form 214. As a result, it would be appropriate and serve the interest of equity and justice to correct Item 17 of his DD Form 214 by deleting the current entry of YES and replacing it with an entry of NO.
BOARD VOTE:
____x___ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected
by amending his DD Form 214 issued on 30 April 2008 by:
a. deleting the X entry in the YES block of Item 17;
b. adding an X entry in the NO block of Item 17; and
c. providing him a correction to his DD Form 214 that reflects this change.
_______ _ x _______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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