MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:             25 January 2001                  
	DOCKET NUMBER:    AR2000043199

	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	

	Ms. June Hajjar 		Chairperson	
	Ms. Karen A. Heinz		Member	
	Mr. Lester Echols		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:  That her DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to show that she did not receive complete dental treatment prior to her release from active duty.

APPLICANT STATES:  That she did not receive any dental care within 90 days of her separation from active duty.  Her last dental appointment was on 30 September 1999 and she was retired on 1 February 2000.

In support of her application she submits a copy of a SF 603-A, Health Record, which shows that she received her last dental treatment on 30 September 1999.  During that visit the dentist polished and smoothed a rough edge of a tooth that was catching food.  No other dental problems were noted.

EVIDENCE OF RECORD:  The applicant’s military records were not provided to the Board.  The following information was derived from the DD Form 214 the applicant submitted with her application.

She was commissioned on 6 December 1970, served as a surgical nurse, and was promoted to colonel.  She was released from active duty on 31 January 2000 and placed on the retired list the following day.

Army Regulation 635-5, as changed, 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.”  For soldiers being separated prior to completing 180 days continuous active duty “NA” is to be shown in both “Yes” and “No” boxes.

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.  There is no indication that the applicant required any dental treatment at the time of her separation from active duty, as evidenced by her 30 September 1999 dental examination, which noted no dental defects.

2.  The governing regulation for preparation of the DD Form 214 does not specify which entry (“yes” or “no”) should be made on the form when soldiers have not received dental treatment within 90 days of separation because none is required.  

3.  However, the information is placed on the DD Form 214 to assist the Department of Veterans Affairs (DVA) in determining whether a veteran is entitled to continued dental services/care by that agency for dental defects that had not been completely corrected prior to the individual’s separation from active duty.

4.  Therefore, it is reasonable to presume that if an individual had no dental defects and given the choice of entering either “yes” or “no” in item 17 (Member was provided complete dental examination and all appropriate dental services and treatment within 90 days prior to separation), the appropriate entry would be “yes” so as to preclude the DVA from providing dental services to a veteran after his or her separation from active duty for defects which were not incurred in or aggravated by military service.  

5.  By the same token, a “no” would be interpreted by the DVA as meaning the veteran required further dental treatment to correct a dental defect which was noted while the individual was on active duty but not completely corrected prior to his or her separation. 

6.  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

__jh ____  ____lah       ____le      DENY APPLICATION

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

INDEX

CASE ID	AR2000043199	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010125	
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.		
2.		
3.		
4.		
5.		
6.