MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:             17 May 2000                  
	DOCKET NUMBER:     AR2000036005

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr Fred N. Eichorn		Member	
	Mr. Raymond J. Wagner		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In affect, that his records be corrected to show that he was retained on active duty to receive dental treatment after Operation Desert Storm.

APPLICANT STATES:  That he sustained a dental injury while on active duty but was unable to complete his treatment for that injury because his unit was demobilized.  The Department of Veterans Affairs has ruled that the injury was incurred in line of duty, but he had not received compensation for his expenses while receiving follow-up dental care for his injury.

In support of his application he submits a VA decisional document in which an initial ruling of no service connection for dental trauma resulting in the loss of four teeth was reversed.  He also submits message directives issued during Operation Desert Storm which provided guidance on the retention on active duty of reservists injured in line of duty.

EVIDENCE OF RECORD:  The applicant's military records show:

While a reservist in pay grade E-8 assigned to a troop program unit, the applicant was ordered to active duty in support of Operation Desert Storm on 1 February 1991.  He was honorably released from active duty and returned to his status as a drilling reservist not on extended active duty on 1 May 1991.

On 21 May 1991 the officer in charge of a military dental clinic submitted a letter in which he stated that the applicant was under treatment for advanced periodontal disease at that activity.  The dentist continued that treatment of the long-standing condition was necessary because of an infection, which developed while the applicant was on active duty, which resulted in the loss of one tooth.  The dentist also stated that several other teeth require extraction, surgery had to be performed, and a new denture had to be constructed to adequately control his disease.

On 25 July 1991 a memorandum was sent by another medical center stating that the applicant “has a long history (years) of periodontal disease.  On 15 April while eating an apple, his tooth became loose.  It became loose because of an abscess due to poor dental hygiene – an EPTS [existing prior to service] condition.  The tooth was pulled on 15 April and follow-up care was provided on 17 April, 18 April, 19 April and 21 April.”  It was also stated that the applicant “received care for the loose tooth and care was complete.  The rest of his problems existed prior to service and he should not be entitled to continued care.”

Army Regulation 600-8-1, paragraph 41-8 states, in pertinent part, that if an EPTS condition was aggravated by military service, the finding will be in line of duty.  If an EPTS condition is not aggravated by military service, the finding will be not in line of duty, EPTS.  Specific findings of natural progress of a pre-existing injury or disease based on well established medical principles alone are enough to overcome the presumption of service aggravation.

The Court of Claims and the Comptroller General of the United States have held that short periods of active duty do not give rise to the presumption of the cause of an illness or disease.

Army Regulation 135-381, paragraph 7-2, states that reservists performing over 30 days of active duty may request to remain on active duty to complete medical or dental treatment for a line of duty condition.  If retention on active duty is requested by the soldier, the medical treatment facility commander will prepare a transmittal letter to the General Court-Martial Convening Authority, who will approve or disapprove the request.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  The applicant had an EPTS condition, which resulted in his tooth becoming loose.  Because of the service aggravation of biting an apple, medical treatment was given and completed on the injured tooth prior to his release from active duty.

2.  None of the remainder of the applicant’s EPTS dental problems were aggravated by his military service.  As such, he was not entitled to be retained on active duty for their treatment, nor was continued medical care at military expense appropriate.

3.  The fact that the DVA has determined that it will consider the applicant’s other dental problems service related has no bearing on the Army determination in this case.  The DVA operates under its own laws and regulations.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__cmf         ___fne __  ___rjw___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000036005	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	122.02	
2.		
3.		
4.		
5.		
6.