RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03705 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her Reserve status from 30 Jul 08 to 31 Mar 12 be changed back to the Selected Reserve. By letters, dated 10 Oct 12 and 15 Oct 12, the applicant amended her request as follows: 1. Her Reserve status from May 09 to 31 Mar 12 be changed back to Selected Reserve. 2. Validate and make it a matter of record that her record was miscoded by ARPC through no fault of her own. 3. The debt she owed to TRICARE be forgiven based on undue financial hardship and a coding error out of her control. ________________________________________________________________ APPLICANT CONTENDS THAT: She was erroneously coded as being a member of the Selected Reserve four years ago which made her eligible for the TRICARE Reserve Select program. During those years she utilized TRICARE and because of the Air Force error she will be held financially responsible for all TRICARE costs. Even though the coding error happened in 2008 she did not become aware of the error until 22 May 12. By letter, dated 10 Oct 12, the applicant indicated that she received a letter from the TRICARE Management Activity, noting that they are holding her family financially responsible for all healthcare costs due to an administrative error on part of the Air Force that allowed her TRICARE eligibility. In addition, she noted that the eligibility period was from May 09 to 31 Mar 12 rather than 30 Jul 08 to 31 Mar 12. By letter, dated 15 Oct 12, the applicant further explained the circumstances surrounding the error and that she never misrepresented herself or her duties. Her duties as a member of the Participating Individual Ready Reserve (PIRR), requires her to have a Common Access Card (CAC) card, to log in for duty, training and other situations and has been the same since she left active duty. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 30 Jul 08, the applicant resigned her Regular Air Force commission. On 31 Jul 08, the applicant was appointed in the Reserve of the Air Force, in the grade of captain, with an assignment in the PIRR. The applicant was promoted to the grade of major with an effective date and date of rank of 2 Jun 10. ________________________________________________________________ THE AIR FORCE EVALUATION: ARPC/DPTT recommends TRICARE waive recoupment for the specified time frame, stating, in part, that these administrative errors were no fault of the applicant. The following is an analysis of the circumstances surrounding the case: a. The applicant's request to have her status changed to Selected Reserve is not warranted because she was appointed as a Category E Participating IRR member effective 31 Jul 08. b. On 10 Apr 09, the HQ ARPC/DEERS Project Office updated the applicant in the Defense Enrollment and Eligibility Reporting System (DEERS) Real-Time Automated Personnel Identification System (RAPIDS) Program Management RAPIDS as a Selective Reservist for the sole purpose of obtaining a CAC identification card. This update however, made her incorrectly eligible to enroll in TRICARE, which she did. On 14 May 09, the Defense Manpower Data Center (DMDC) changed her Reserve Category Code (RSVCC) back to IRR/Drill Status code "A" (identifying her as PIRR). The applicant then contacted DMDC on 29 Jun 09 questioning why she was no longer eligible for Tricare Reserve Select. DMDC explained she was in the PIRR and referred her back to the ARPC/DEERS Project Office. On 2 Jul 09, the ARPC/DEERS Project Office changed her back to Selected Reserve, once again making her eligible for TRICARE. The applicant remained coded eligible for TRICARE until 9 Apr 12. c. On 10 Apr 12, DMDC changed her status back to IRR/Drill status code "A." On 24 Apr 12, DMDC requested verification of the applicant's status from the Air Force Reserve Liaison. On 18 May 12, DMDC received confirmation that the applicant was in the PIRR, and not eligible for TRICARE. On 22 May 12, the applicant's record was incorrectly updated a third time to Selected Reserve status by the ARPC/DEERS Project Office, and then immediately changed back to the IRR. d. On 23 May 12, DMDC removed all invalid entries made by the HQ ARPC/DEERS Project Office. When questioned, HQ ARPC/DEERS Project Office personnel were not sure what source document caused the conflict. However, email traffic reveals assignment orders created incorrectly could have been a basis of the misunderstanding. The complete DPTT evaluation, with attachments, is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 26 Nov 12, for review and response. As of this date, no response has been received by this office (Exhibit C). Pursuant to the Board’s request, the applicant was contacted to provide a copy of the letter of indebtedness she received from the TRICARE Management Activity. The applicant’s complete response, with attachment, is at Exhibit D. ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice. After careful consideration of the applicant’s complete submission, we believe that partial relief is warranted. In this respect, we note the comments by the Air Force Reserve office of primary responsibility; however, the Board does not choose to adopt their recommended relief, which, given the complexity of the law in this area, would raise questions in other agencies about how to implement the Board’s intent. Instead, the Board recommends a more targeted method for relief of the TRICARE debt. Based on the evidence, it appears that ARPC erroneously updated the applicant’s status in DEERs to reflect that she was assigned as a Selected Reservist for the sole purpose of obtaining a CAC ID card. Consequently, this made the applicant incorrectly eligible to enroll in Tricare Reserve Select, in which she did. However, the applicant is now being held accountable for actions that were beyond her control. Therefore, we find it equitable that her record be corrected to reflect that she was assigned to the Selected Reserve for the limited purpose of determining eligibility for TRICARE Reserve Select during the period 14 May 09 thru 31 Mar 12. Moreover, this recommended correction to her record is not intended to convey any other rights or privileges associated with Selected Reserve status. In view of the foregoing, and to preclude an injustice to the applicant, we recommend the applicant’s record be corrected to the extent indicated below. _______________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that, for the limited purpose of determining TRICARE Reserve Select eligibility, she was assigned to the Selected Reserve from 14 May 09 to 31 Mar 12. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-03705 in Executive Session on 18 and 19 Jun 13, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 10 Aug 12, w/atchs. Exhibit B. Letter, ARPC/DPTT, undated, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 26 Nov 12. Exhibit D. Email, Applicant, dated 19 Jun 13. Panel Chair