BOARD DATE: 28 July 2009
DOCKET NUMBER: AR20090001884
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show in item 17 a "No" to the statement indicating member was provided complete dental examination and all appropriate services and treatment within 90 days prior to separation.
2. The applicant states he did not receive dental care within 90 days of separation; however, his DD Form 214 reflects that he did. He goes on to state that when he showed up to get his dental records for outprocessing the clerk mistakenly marked that he had received care. He also states that he was in need of dental care but the Army would not provide it because he was so close to separation. He also states that he has been denied care by the Department of Veterans Affairs (VA) because of the entry on his DD Form 214.
3. The applicant provides copies of his dental records (Standard Form 603A) showing the dates of his last dental services.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 17 September 2001 for a period of 3 years under the Airborne/Infantry training option and assignment to Italy. He completed his training, was transferred to Italy and on 26 September 2003, he reenlisted for a period of 4 years and assignment to Alaska.
2. He deployed to Iraq, on 4 October 2006, and was promoted to the pay grade of E-5 on 1 April 2007.
3. The applicant's dental records show he received dental treatment on 14 May 2008 and at that time it was noted he needed additional treatment and was awaiting orders curtailing his expiration of term of service. He out-processed on 7 July 2008 and was designated class 2.
4. On 29 September 2008, he was honorably released from active duty and was transferred to the United States Army Reserve Control Group (Reinforcement). His DD Form 214 shows in item 17 that he had been provided a complete dental examination and all appropriate dental services within 90 days prior to separation.
5. Army Regulation 40-3, Medical Service, provides the policies and procedures related to medical, dental and veterinary care. Chapter 6 of that regulation provides the policy guidance related to the Army Dental Care System. It provides, in pertinent part, that the designation of Class 2 patients are those patients with a current dental examination who require non-urgent dental treatment or reevaluation for oral conditions which are unlikely to result in dental emergencies within 12 months and are world-wide deployable.
6. 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 VA 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 applicant's contention is accepted. The available evidence shows he was not appropriately provided the necessary dental treatment and services within 90 days of his discharge.
2. Consequently, his DD Form 214, dated 29 September 2008, should be corrected to show in item 17 that he was not provided a complete dental exam and all appropriate dental services and treatment within 90 days prior to separation.
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 deleting the entry Yes in item 17 and replacing it with the entry No to show he was not provided a complete dental exam and all appropriate dental services and treatment within 90 days prior to separation.
_______ _ 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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