MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           28 August 2001                   
	DOCKET NUMBER:   AR2001059593

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Donald P. Hupman, Jr.		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 his Certificate of Release or Discharge from Active Duty, DD Form 214, item 17 be corrected to read “no.”

APPLICANT STATES:  That all dental services were not completed prior to his separation.  He provides an extract from his service dental records showing his last dental services were performed on 22 August 2000.

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

He enlisted in the Regular Army on 23 July 1998.  On an unknown date, he was recommended for discharge.  

The VA has provided an extract from the applicant’s service dental records showing his last dental exam was on 20 March 2001 and that his oral health was determined to be Class 2.  No treatment was performed on that date.

On 23 March 2001, the applicant was discharged.  His DD Form 214, item        17 (member was provided a complete dental exam and all appropriate dental services and treatment within 90 days prior to separation) was checked “yes.”

Army Regulation 40-3 establishes policies pertaining to selected Army Medical Department programs and initiatives.  Chapter 6 provides guidance for the delivery of oral health services within the Army Dental Care System.  It states that the oral health status of personnel will be classified into four classes – class 1, 2, 3, or 4.  Class 2 is for patients who have oral conditions that, if not treated or followed up, have the potential, but are not expected, to result in dental emergencies within 12 months.

Department of Veterans Affairs pamphlet “Federal Benefits for Veterans and Dependents” states that veterans may receive one-time treatment for service-connected dental conditions or disabilities that are not compensable if the conditions can be shown to have existed at discharge or within 180 days of release from active service.  Veterans must apply to the VA for dental care within 90 days following separation.

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

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  The evidence of record shows that the applicant received a dental exam two days prior to his separation.  His oral health was classified as Class 2 – he had an oral condition that, if not treated or followed up, had the potential, but was not expected, to result in a dental emergency within 12 months.  Since there was no emergency, he received the appropriate treatment from the Army, i. e., none.  It was then up to the applicant to follow-up with the VA if he so desired.

3.  Although the DD Form 214, item 17 was appropriately checked “yes,” a review of the applicant’s dental records would clarify that he did have an oral condition at the time of his separation for which treatment was not received.  The VA, operating under its own policies and guidelines, has the jurisdiction to authorize treatment for those conditions or not authorize treatment.

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

__jns___  __rtd___  __dph___  DENY APPLICATION

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

INDEX

CASE ID	AR2001059593	
SUFFIX		
RECON		
DATE BOARDED	20010828	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.