IN THE CASE OF:
BOARD DATE: 1 September 2011
DOCKET NUMBER: AR20110004579
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, through his Member of Congress, in effect, 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 90 days prior to separation.
2. The applicant states, in effect, that he had dental work started while on active duty and he needs to have it completed. He further states that during outprocessing he was told to check "Yes" in item 17 (Member Was Provided Complete Dental Examination and All Appropriate Dental Services and Treatment within 90 days Prior to Separation) of his DD Form 214. He concludes by stating the unit conducting outprocessing services was in a hurry to complete everyone's outprocessing before the Christmas holidays.
3. The applicant provides his DD Form 214 and two Standard Forms 630A (Health Record Dental).
CONSIDERATION OF EVIDENCE:
1. After previous service in the U.S. Air Force and Army National Guard, the applicant enlisted in the U.S. Army Reserve (USAR) on 7 December 2004. His records show he held military occupational specialty 14T (Patriot Launching Station Enhanced Operator).
2. On 31 January 2010, he was ordered to active duty in support of Operation Iraqi Freedom (OIF). On 30 December 2010, he was honorably released from active duty, by reason of completion of required active service, and transferred to the USAR Control Group (Reinforcement).
3. His DD Form 214, Item 17, is marked "Yes."
4. His complete dental records are not available for review with this case; however, he submitted two documents that show he was seen at a dental clinic on 2 February and 5 February 2010, at least 11 months prior to his date of separation.
5. It is unclear if he underwent any further dental procedures between
5 February and 30 December 2010 (date of release from active duty) and it is unclear if he outprocessed through the dental clinic at his separation point.
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. 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).
DISCUSSION AND CONCLUSIONS:
The applicants dental record is not available for review. The applicant submitted a document that indicates he received dental care prior to his release from active duty; however, there is insufficient evidence to determine the extent of his dental needs. 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) AR20100018399
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ABCMR Record of Proceedings (cont) AR20110004579
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