IN THE CASE OF:	  

		BOARD DATE:	         17 September 2009

		DOCKET NUMBER:  AR20090007036 


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 he previously sustained a training-related trauma that resulted in multiple facial fractures and was scheduled for a surgical procedure before his retirement.  Without this surgery, he would have to wear braces for over 4 years and the Department of Veterans Affairs would not help him.

3.  The applicant provides a copy of his DD Form 214, dated 28 February 2009, and a statement, dated 7 April 2009, from a military dentist in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army on 27 February 1989.  He held military occupational specialties 11B (Infantryman) and 52C (Utility Equipment Repairer), executed several extensions and/or reenlistments in the Regular Army, and attained the rank of sergeant/E-5.

2.  On 30 May 2008, Headquarters, 1st Infantry Division, Fort Riley, KS, published Orders 151-0015, announcing the applicant's release from active duty effective 28 February 2009 and placement on the Retired List effective 1 March 2009.

3.  The applicant's records also show that he was honorably released from active duty on 28 February 2009 by reason of sufficient service for retirement.  The DD Form 214 he was issued shows he completed 20 years and 4 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 with an "X" under the "Yes" block.

4.  The applicant's dental records are not available for review with this case.

5.  The applicant submitted a statement from a military dentist, dated 7 April 2009, in which the military dentist states that the applicant had orthopedic appliances placed in anticipation of orthognathic surgery.  It was discovered that the applicant had a large defect of the left posterior maxillary wall.  This defect was partially filled with tissue.  Because there was no bony wall in which to facilitate rigid fixation, the procedure had to be aborted.  A subsequent computerized tomography (CT) scan revealed the defect.  A pre-operative scan would have revealed the defect; however, pre-operative CT scans are not routinely performed prior to orthognathic surgery and are not a standard of care.  If the applicant elects to have this procedure in the future, it would most likely require anterior or posterior bone grafting.

6.  The Department of Defense 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 emergency 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 his or her 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 Standard Form 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.  The applicant’s dental records are not available for review with this case.  The applicant submitted a letter from the Fort Irwin Army Community Hospital which indicates that orthognathic surgery was contemplated at some point prior to his retirement and that a certain complication prevented this surgery.  Nevertheless, in the absence of his complete dental records, it must be presumed that the applicant received all of the dental services that he was authorized within 90 days of separation and the entry in item 17 of his DD Form 214 is correct.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ____X___  ___X___  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.



      ___________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)                                         AR20090007036



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ABCMR Record of Proceedings (cont)                                         AR20090007036



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