BOARD DATE: 30 March 2010
DOCKET NUMBER: AR20090012863
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 that he did not receive complete dental treatment prior to his release from active duty.
2. The applicant states that he required an additional 10 treatments which were needed to finish his dental care for a fractured tooth and crown. However, these treatments could not be provided because he was within 90 days of separation.
3. The applicant provides an e-mail; two Standard Forms 603A, an MMSO Dental Information Sheet; a DA Form 5570 (Health Questionnaire for Dental Treatment); an interpretation of ultrasound images; his DD Form 214; a letter from Montana Department of Veterans Affairs (VA); a VA Form 21-4138 (Statement in Support of Claim); and a Montana VA Transmittal Sheet.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show that he enlisted in the Regular Army on 7 February 2007, was awarded the military occupational specialty of infantryman, and was promoted to pay grade E-4.
2. On 17 April 2009, the applicant completed a DA Form 5550 in which he stated in the block which was provided to explain any unusual medical problems which may complicate medical treatment (such as taking medications, having infectious
diseases, or any other serious illness, operation or hospitalization) that he chipped 80 percent of a lower tooth and had heat and cold sensitivity as a result.
3. In an undated SF 603A a military dentist stated "I am not sure I could retreat this tooth and improve it. I reduced the occlusion and he says it feels better.
I suggest he give it two-three weeks to see if this will do the trick. If not I will retreat the root canal and see if that works." This statement was in reference to a root canal, not a broken tooth. There is no evidence or indication that the treatment for the root canal was not completed.
4. Army Regulation 635-5, the governing Army regulation for the preparation of the DD Form 214, states that block 17 of the DD Form 214 is applicable to Soldiers who had 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 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.
DISCUSSION AND CONCLUSIONS:
1. The DA Form 5550 provided by the applicant shows that he reported having broken a tooth. However, he wrote this in a form which was meant to advise the dentist about non-dental conditions which could affect dental treatment. Since the applicant's medical records were not provided to the Board, the original copy of this form and the applicant's other dental records are not available for review.
2. The SF 603A provided by the applicant only shows dental treatment for a root canal, and does not indicate that the treatment was not successfully completed.
3. Since there is no evidence that the applicant was receiving dental treatment which had not been completed while on active duty, the applicant's DD Form 214, Item 17, was properly marked Yes.
4. While it is understandable that the applicant believes Block 17 should be marked "No," there is no evidence to support granting his request.
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.
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