BOARD DATE:	  16 July 2015

		DOCKET NUMBER:  AR20140018860 


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, in effect:

	a.  correction of his military records to show he was retained on active duty for medical/dental treatment in 2004 and

	b.  provision of artificial teeth (dentures) to replace the 13 teeth extracted while he was in a military duty status in 2004.

2.  The applicant states he is "missing in action."  In effect, he states he was improperly released from his active duty assignment with the 144th Field Artillery Battalion, California Army National Guard (CAARNG).  He had 13 teeth extracted and was told there was no provision to replace his teeth after he was released from active duty and returned to his parent unit, the 143d Field Artillery Battalion, CAARNG.  He was assigned a class 3 dental rating (active duty service members who require urgent or emergent dental treatment).  The Army cannot discharge a service member with a class 3 dental rating without replacement teeth.  He was abandoned and denied medical/dental treatment in order to complete his 6-year term of enlistment.

3.  The applicant provides:

* letters from the Office of Strategic Communications, State of California Military Department, dated 14 February 2014, 5 May 2014, and 14 August 2014
* DD Form 1966 (Record of Military Processing – Armed Forces of the United States)
* medical/dental records, dated November 2003
* CAARNG Orders 88-1031, dated 29 March 2006
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending 1 March 2006
* documentation from the Department of Veterans Affairs

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  Having prior enlisted service in the Regular Army and the CAARNG, the applicant enlisted in the CAARNG on 14 September 2001 for a period of 6 years.  He attained the rank of specialist.

3.  The applicant's available records do not contain active duty or mobilization orders.  It appears that he was ordered to active duty in support of Operations Iraqi Freedom/Enduring Freedom as a member of the CAARNG and had 13 teeth extracted during his pre-deployment health assessment in 2003.

4.  He provided service dental records, dated November 2003, which show he had 13 teeth extracted and he was assigned a class 3 dental rating.  The treatment plan for one dental record, dated 25 November 2003, states evaluate for dentures.  These extractions appear to be the result of a Soldier Readiness Processing he processed through with the CAARNG at that time.

5.  His records do not contain and he did not provide a line-of-duty determination.

6.  Records show he was reduced in rank for inefficiency as follows:

* from specialist to private first class effective 29 October 2004
* from private first class to private two effective 21 April 2005
* from private two to private one effective 8 August 2005

7.  CAARNG Orders 88-1031, dated 29 March 2006, discharged him from the CAARNG under honorable conditions (general) effective 1 March 2006 for unsatisfactory participation.

8.  U.S. Army Human Resources Command Orders D-09-720075, dated 18 September 2007, honorably discharged him from the U.S. Army Reserve effective 18 September 2007.

9.  He provided a letter from the State of California Military Department Office of Strategic Communications, dated 14 February 2014, which states information provided by the CAARNG indicates:

Prior to a deployment, all personnel must go through a Soldier Readiness Processing (SRP) event to evaluate and update their administrative and medical/dental readiness.  Any deficiencies identified at the SRP event must be corrected prior to departure to the Power Projection Platform (PPP) or mobilization station.  You were initially selected to deploy on two different occasions in 2004 (March and September).  If severe dental issues were identified, then those deficiencies would have to be corrected or you would not be able to deploy.

Extractions are required for severe tooth issues that may cause harm to a Soldier, thus avoiding a possible non-battle injury.  The dental personnel at a military facility would have completed only what was required to make you immediately deployable (the extraction of the affected teeth).  Your statement that the military would ensure that you were provided with false teeth does not seem in line with the normal mobilization readiness process.

There is no record of any DD Form 214s [sic] (Certificates of Release or Discharge from Active Duty) recording that you completed any deployments.  In addition, all your deployment orders were revoked (copies enclosed).

10.  Army Regulation 40-400 (Patient Administration), chapter 3 (Persons Eligible for Care in Army Medical Treatment Facilities and Care Authorized), provides that Reserve Component members on active duty or Full-Time National Guard Duty (FTNGD) or inactive duty training (IDT) are authorized medical and dental care in Army medical treatment facilities for injury, illness, or disease incurred or aggravated in the line of duty while performing that duty or while traveling directly to or from the duty.

	a.  While on active duty or FTNGD orders for more than 30 days, Reserve Component personnel are authorized healthcare on the same basis as the Active Component.

	b.  After expiration of the period of duty, Reserve Component personnel are authorized medical and dental care only for conditions incurred or aggravated in the line of duty while on that training/duty or while traveling directly to or from such training/duty.

	c.  While performing IDT, active duty, or FTNGD for 30 days or less, Reserve Component personnel are authorized medical and dental care as a result of injury, illness, or disease incurred or aggravated incident to IDT or active duty for training.

	d.  Health care authorized for persons performing IDT, active duty, or FTNGD for 30 days or less will be provided until the resulting disability from covered disease or injury cannot be materially improved by further hospitalization or treatment.

	e.  Upon expiration of the active duty or FTNGD orders or the IDT period, Reserve Component members are released from duty.

DISCUSSION AND CONCLUSIONS:

1.  It appears the applicant was ordered to active duty in support of Operations Iraqi Freedom/Enduring Freedom as a member of the CAARNG and had 13 teeth extracted during his pre-deployment health assessment in 2003.

2.  The applicant's available records do not contain active duty orders and the letter from the State of California Military Department Office of Strategic Communications indicates his deployment orders were revoked.  The available evidence is insufficient to show he served on active duty or was released from active duty in 2003/2004.

3.  The service dental records he provided support his contention that he had 13 teeth extracted in 2003.  However, the letter from the State of California Military Department Office of Strategic Communications indicates the dental personnel at a military facility would have completed only what was required to make him immediately deployable (the extraction of the affected teeth).

4.  There is no evidence indicating he incurred or aggravated an injury, illness, or disease in the line of duty while performing that duty or while traveling directly to or from the duty.  It appears that his class 3 dental rating resulted from individual oral hygiene neglect and the dental personnel at the military facility completed only what was required to make him immediately deployable.

5.  There is no evidence showing he was evaluated for artificial teeth or that he sought dental treatment to correct his dental issues while serving in the CAARNG.  The available evidence is insufficient to grant his request for replacement teeth (dentures).

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 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)                                         AR20140018860



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ABCMR Record of Proceedings (cont)                                         AR20140018860



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