MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           15 May 2003                  
	DOCKET NUMBER:   AR2003085519

	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. Arthur A. Omartian		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Roger W. Able		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 DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to show that he did not receive complete dental treatment prior to his release from active duty.

APPLICANT STATES:  That he did not receive complete dental care prior to his separation from active duty.  On 1 December 1998, a civilian dentist informed him that his teeth were separating as a result of spaces in his mouth, and that he required partial dentures for those spaces.  When he attempted to have the Department of Veterans Affairs fabricate and install partial dentures, he was told that he was not entitled to any dental treatment because his DD Form 214, Item 17, “Member was provided complete dental examination and all appropriate dental services and treatment within 90 days prior to separation”, was marked “Yes.”

In support of his request, he submits a dental bill for $2,584.00 for partial dentures, two crowns, and a pontic.  He also submits a letter from his dentist dated 14 November 2002 which states that he recommended that the applicant have a partial bridge made to keep his teeth from shifting, which will help his bite; to give him more chewing surfaces; to help his appearance; and to possibly help prevent him from developing a TMJ problem (temporomandibular joint syndrome is a condition of facial pain in the joints of the lower jaw).

EVIDENCE OF RECORD:  The applicant’s military and dental records show:

The applicant enlisted in the Regular Army on 25 May 1977, was awarded the military occupational specialty of administrative specialist and later senior personnel sergeant, and was promoted to pay grade E-7.  He was honorably released from active duty on 30 September 1998 and placed on the Retired List the following day.  The DD Form 214, separation document, he was issued, item 17, “Member was provided complete dental examination and all appropriate dental services and treatment within 90 days prior to separation” was marked “Yes.”

The applicant’s dental records show that he received routine dental care on 16 September 1997 and on 1 June 1998.  Neither of those exams noted any dental problems.

Army Regulation 635-5, as changed, the governing Army regulation for the preparation of the DD Form 214, states that Item 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.

In the processing of similar cases, the staff of the Board has been advised that the Army is only responsible to provide dental care as to maintain a soldier on active duty in a dental Class II, which is not an ideal dental plan, but is sufficient for the soldier to be mobilized and deployed.  (On an increasing sequential scale, Class I is the best dental condition, Class II is somewhat worse, and Class III is worse yet.)  In other words, the Army is not responsible for fixing all of a soldier’s dental defects.  Only those defects which are, might or will cause a soldier problems on active duty are required to be treated.

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 record of the applicant having any outstanding dental defects at the time of his separation from active duty.

2.  Nonetheless, if he did, those defects were not of the severity as to warrant the placement of the applicant in a Class III status.  Therefore, he did not require treatment by the Army.

3.  While the applicant opted to have partial dentures, pontic and crowns made and installed shortly after his retirement, there is no evidence that his dental condition required such treatment for him to remain on active duty.

4.  As such, the applicant’s DD Form 214, Item 17, “Member was provided complete dental examination and all appropriate dental services and treatment within 90 days prior to separation” was appropriately marked “Yes.”  

5.  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

___rwa___  ____tap_  ___aao__  DENY APPLICATION

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

INDEX

CASE ID	AR2003085519	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030515	
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.