IN THE CASE OF:	

		BOARD DATE:	16 July 2009    

		DOCKET NUMBER:  AR20090004888 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was not provided a complete dental examination and all of the appropriate dental services and treatment that he was authorized within 90 days prior to separation.

2.  The applicant states, in effect, that his dental records show he was classified as dental Class II upon discharge, because he still had ongoing dental issues.  He was told he could see the Department of Veterans Affairs after discharge.  He also states that he was not given a complete set of X-rays.   

3.  The applicant provides a copy of his DD Form 214, dated 27 December 2008; copies of his dental records, dated on various dates throughout his military service; and a copy of Optional Form 522 (Request for Administration of Anesthesia and for Performance of Operations and Other Procedures), dated 16 October 2007, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army for a period of 4 years and 16 weeks, on 13 July 2005.  He held military occupational specialty 21B (Combat Engineer) and attained the rank of specialist/E-4. 



2.  The applicant's records further show he served in Iraq from 20 August 2006 to 17 December 2006.  It appears that he was injured in Iraq and subsequently underwent a physical evaluation board that recommended permanent disability retirement.  

3.  On 10 October 2007, the U.S. Army Garrison, Schweinfurt Transition Center, Germany, published Orders 283-012, directing the applicant's retirement effective 27 December 2007.  He also requested and was authorized 13 days of leave and 30 days of non-chargeable leave in the form of permissive temporary duty (PTDY).  

4.  The applicant's records also show the he was accordingly retired on 27 December 2007 by reason of permanent disability.  The DD Form 214 he was issued shows he completed 2 years, 5 months, and 15 days of creditable active military service.  Item 17 (Member Was Provided Complete Dental Examination and All Appropriate Dental Services and Treatment within 90 days Prior to Separation) of this form is marked "NA" under both the "No" and "Yes" blocks.

5.  The applicant's dental records were not a part of the available records for review with this case; however, the applicant submitted copies of his dental records, dated on various dates throughout his military service, that show he underwent dental examinations and/or treatments within 90 days of his discharge, specifically, on 16 October, 26 October, 27 October, and 7 November 2007.  The last entry of the records he submitted shows he was classified as Class 2 on 7 November 2007.  

6.  The Department of Defense (DOD) Policy on Standardization of Oral Health and Readiness Classification, dated 4 June 2002, provides that oral health is vital to the force health protection of service members.  The oral health of uniformed personnel shall be classified as follows:

	a.  Class 1 oral health is used for patients with a current dental examination who do not require dental treatment or reevaluation.  Class 1 patients are worldwide deployable.

	b.  Class 2 is used for patients with a current dental examination, who require non-urgent dental treatment or reevaluation for oral conditions which are likely to result in dental emergencies within 12 months.  Class 2 patients are worldwide deployable.


	c.  Class 3 is used for patients who require urgent or emergent dental treatment.  Class 3 patients normally are not considered to be worldwide deployable. 

	d.  Class 4 is used for patients who require dental examinations or patients with unknown dental classifications.  Class 4 patients are not considered to be worldwide deployable. 

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that item 17 is applicable only to Soldiers who have completed 180 days or more of continuous active duty (check the SF 603 (Health Record-Dental) for validity of exam and all appropriate treatment).  Enter “NA” for Soldiers who had fewer than 180 days of continuous active duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show he did not receive all of the dental services that he was authorized within 90 days of separation.

2.  Since the applicant had completed well over 180 days of continuous active duty when he retired, the entries of "NA" in item 17 of his DD Form 214 for the period ending on 27 December 2007 were errors.  

3.  Since the documents provided by the applicant show that he still required dental treatment as of 7 November 2007 and since he was retired on                 27 December 2007, any doubt whether all required dental treatment was completed before his retirement should be resolved in his favor.  Therefore, the applicant is entitled to correction of his DD Form 214 to show he was not provided a complete dental examination and all of the appropriate dental services and treatment that he was authorized within 90 days prior to separation.

4.  The applicant contends that he did not receive a complete set of x-rays.  No
x-rays are contained in the available records.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_____x___  _____x___  _____x___  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 removing the "NA" entries from item 17 of his DD Form 214 and placing an "X" under the "No" block.

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 the issue of a complete set of x-rays.




      _______ _   _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.

ABCMR Record of Proceedings (cont)                                         AR20090004888



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ABCMR Record of Proceedings (cont)                                         AR20090004888



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