IN THE CASE OF:
BOARD DATE: 24 September 2015
DOCKET NUMBER: AR20150002142
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 his active duty record reflects that the last date of dental service was provided on 24 November 1987. This was over 120 days prior to separation and not within 90 days of separation.
3. The applicant provides his DD Form 214 and a Standard Form 630A (Health Record - Dental).
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. The applicant's records show he enlisted in the Regular Army on 7 June 1984 and he held military occupational specialty 12B (Combat Engineer). He served in Germany from February 1985 to February 1987.
3. Following his tour in Germany, he was reassigned to the 43rd Engineer Company, 2nd Squadron, 3rd Armored Cavalry Regiment, Fort Bliss, TX, around April 1987.
4. The applicant's dental records show:
* his records were received by the dental clinic on 20 August 1987
* he was seen at a dental clinic on 20 November 1987 and underwent an oral examination with bitewings and x-rays
* he was seen on 24 November 1987 and determined to have severe malocclusion; he required orthodontist surgery; a note was placed on the form and reads "patient only has 6 months remaining on active duty; therefore, not sufficient time remaining to treat this problem"
* another entry was made on 24 November 1987 related to his malocclusion
5. On 19 February 1988, Headquarters, U.S. Army Air Defense Center, Fort Bliss, TX, published Orders 33-19 ordering his reassignment to the U.S. Army Transition Center for separation processing effective 29 March 1988.
6. On 21 March 1988, he completed a DA Form 664 (Service Member's Statement Concerning Compensation from the Veterans Administration (VA)). He indicated that:
* he had not filed an application for compensation from the VA and understood he could do so after separation
* if eligible, he could make an application to the VA for veterans outpatient dental treatment and such application must be made within 90 days of discharge or release from active duty
7. He was honorably released from active duty on 29 March 1988 by reason of reduction in authorized strength, Fiscal Year 1988 Transition Program. Item 18 (Remarks) of his DD Form 214 shows the entry "Dental care was provided within 90 days prior to separation."
8. Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214 at the time. A change to this regulation at the time stated, in pertinent part, that item 18 was applicable only to Soldiers who had completed 180 days or more of continuous active duty at the time of separation, was provided a complete dental examination and all appropriate dental services and treatment within 90 days prior to discharge/ release from active duty, and this information is indicated on the Standard Form 603 (Health Record-Dental), enter the following statement in item 18 "Dental care was provided within 90 days prior to separation."
DISCUSSION AND CONCLUSIONS:
1. The applicants dental records show he underwent a dental examination on 20 November 1987 and he was identified for dental treatment on 24 November 1987. The dental clinic indicated that there was insufficient time remaining to complete the treatment.
2. Though it appears he received the dental services that he was authorized prior to his separation, these services were not accomplished within 90 days of his separation. Therefore, an entry in item 18 of his DD Form 214 regarding dental care would not have been appropriate.
BOARD VOTE:
___x____ ___x____ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry "Dental care was provided within 90 days prior to separation" from item 18 on his DD Form 214.
_______ _ 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) AR20150002142
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ABCMR Record of Proceedings (cont) AR20150002142
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