t 

DEPARTMENT OF THE AIR FORCE 

WASHINGTON, DC 

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Ofice of the Assistant Secretary 
AFBCMR 96-0 1264 

MEMORANDUM FOR THE CHIEF OF STAFF 

Having received and considered the recommendation of the Air Force Board for Correction 
of Military Records and under the authority of Section 1552, Title 10, United States Code (70A 
Stat 116), it is directed that: 

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The pertinent military records of the Department of the Air Force relating ta3113111111) 

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corrected to show that: 

 

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a.  On 28 August  1995, she was released from active duty and transferred to the Reserve 

 

of the Air Force. 

b.  On 24 January 1996, she was ordered to active duty in the grade of airman for the 

convenience of the government, and competent authority approved reimbursement of her 
obstetric expenses in the amount of $2,485.00. 

c.  On 25 January  1996, she was honorably discharged in the grade of airman under the 

provisions of AFI 36-3208 (Pregnancy or Childbirth). 

Air Force Reviewoards Agency 

RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

IN THE MATTER OF: 
* 

COUNSEL:  None 

HEARING DESIRED:  No 

APPLICANT REQUESTS THAT: 
She be refunded for prenatal and delivery expenses incurred in a 
civilian  facility  after  her  separation  in  the  amount  of 
$4,237.14. 

APPLICANT CONTENDS THAT: 

She was promised she would be medically  taken care of until her 
six-week check-up after her delivery date. She faxed all needed 
information and paperwork  on  4  August  1995, 24  days before  her 
discharge date. Her total bills  came up  to  $4,237.14, and this 
has  set her spouse and  herself back  quite a bit. She feels she 
was handled unjustly and without care and would like to be repaid 
for all medical costs. 

,  she provides a l%'elf Pay Plan"  schedule of  fees from 
In su 
the 
County  Medical  Associates  for  various  types  of 
obstetrical care ranging from $1,800.00 to $2,000. At  the bottom 
of the list is a handwritten notation of  1 1 $ 2 , 4 0 0 . 0 0 . 1 1  A printout 
 Healthcare Center, dated 12 March 1996, 
of charges from t
reflects an  amount  of  $2,485.00. She  also  submits phone  bills 
with certain charges highlighted  [not a l l   the numbers  a r e   fully 
visible; the  t o t a l   is probably between  $20-251 ; canceled checks 
made  to  the 4141  Country  Medical  Associates/Center  totaling 
$2,995.00, and  a  canceled  check  for  $35.18  to  a  store  f o r  
vitamins. 

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Applicant's complete submission is attached at Exhibit A. 

STATEMENT OF FACTS: 

The applicant enlisted in the Air Force on 8 September 1994.  On 
2 June 1995, while stationed at-AFB, 
she was 
notified  by  the 
Medical  Treatment  Facility  (MTF) that 
she was pregnant. On 6 July 1995, she requested to be discharged 
effective  28  August  1995  due  to  pregnancy.  Her  commander 
concurred  on  6  July  1995.  On  her  pre-separation  counseling 
checklist, applicant indicated she desired counseling for most of 
the services/benefits indicated. She opted not to purchasGshort- 

term  medical  coverage.  (Individuals  who  are  covered  by  an 
insurance plan  providing  obstetric  care would  be  ineligible  to 
apply for post-service maternity care.) 

On 4 August  1995, 
applied to th 
a  former acti 

cant, in accordance with AFR  168-6, 
f o r   prenatal and childb 
,  honorably-di charged  female. 
Medical  Group 

gust  1995,  the  Commander, 

disapproved the requested care based on services not being 
available. AFR  168-6,  paragraph  AlO-4,  stipulates  that  care  is 
limited to prenatal, delivery, and one 6-week post-partum well- 
baby check as well as follow-up care for the mother and infant as 
required  not  to  exceed  six  weeks.  Also  stipulated  is  that 
individuals  must  request  care  by  applying  to  the  hospital 
commander.  If  approved,  (applicant's  request  was  not),  the 
individual  must  be  informed  any  maternity  care  in  a  civilian 
medical  facility  is  at  the  patient's own  expense  and, if  care 
must be transferred to a civilian hospital because care is beyond 
the capability of the US MTF, the cost is at the individual's own 
expense. A statement containing these stipulations is required to 
be signed by the patient and filed in the record. As part of her 
appeal to this Board, the applicant included such a statement in 
sample format and makes notes that she was not informed of these 
requirements.  However, as she was not  approved for care at  the 
MTF,  it  was  not  necessary  for  her  to  be  advised  of  this 
stipulation o r   to sign such a statement. 
Applicant  was  honorably  discharged  on  28 August  1995,  having 
served 11 months and 21 days of active duty. The AFBCMR Staff was 
informally advised by the Defense Finance and Accounting Service 
(DFAS-DE) that, although her DD Form 215 indicates she was paid 
  for  15.5 days of  leave, the applicant actually took  16  days of 
terminal  leave  from  13  to  28 August  1995. She  owed  one  day  of 
leave, which was deducted from her final paycheck. 

pparently  contracted with  a civilian health care 
County Medical  Associates)  for obstetrical  care. 
According to the documents provided by the applicant, it appears 
her child was born on 24 January 1996. 

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AIR FORCE EVALUATION: 

the appeal and states that the a MDG at- 

The Deputy Chief ,  Managed  Care Division, HQ USAF/SGMA, reviewed 
does not have in- 
house obstetrical services. Her request for care was disapproved. 
Additional information was not  available from t h e m  MDG  as the 
sergeant handling this case has since separated. Only out-patient 
obstetrical services are  available at  the  377th Medical  Support 
nd  inpatient obstetric care  is 
Squadron 
tal. There was no documentation 
cant attending a briefing by  the obstetric staff at 

of 
the 

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.IC 

96-0 1264 

A  complete  copy  of  the  Air  Force  evaluation  is  attached  at 
Exhibit C. 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

A complete copy of the Air Force evaluation was forwarded to the 
applicant  on  7  October  1996  for  review  and  comment within  30 
days.  As  of  this date, no  response has been  received by  this 
off ice. 

ADDITIONAL EVALUATION: 

The Board deferred rendering a final decision pending additional 
information.  Pursuant  to  the  AFBCMR  Staff's  request,  the 
following additional advisory was provided: 
The  Chief ,  Claims  Branch,  DFAS-DE/FYCC, provided  a  technical 
evaluation, indicating that the only way the applicant could be 
reimbursed for her medical expenses as she requests would be  to 
.extend h e r   date of  separation  (DOS) to include the birth of  h e r  
child. As  a  consequence of  placing  her  on active duty  for  the 
period  28 August  1995  through  24  January  1996,  the  applicant 
would then be  entitled to reimbursement of  her medical  costs as 
well as the $3,985.94 in active duty pay and allowances, less any 
civilian earnings. 

A copy of the complete DFAS evaluation is at Exhibit E. 

APPLICANT'S REVIEW OF THE ADDITIONAL EVALUATION: 

A  complete  copy  of  the  DFAS  evaluation  was  forwarded  to 
applicant's last  known address  on  28  July  1998 for  review and 
comment  within  30  days.  However, it  was  returned unopened  to 
this office, the envelope indicating that the applicant had moved 
and the letter was not forwardable. 

THE BOARD CONCLUDES THAT: 

The applicant has exhausted all remedies provided by existing 

1. 
law or regulations. 

2.  The application was timely filed. 

3.  Sufficient  relevant  evidence  has  been  presented  to 
bable  error  or  injustice  to 
demonstrate  the  existence  of 
warrant  partial  relief.  The 
MDG  was  unable  to -provide 

3 

96-0 1264 

obstetric  services;  consequently,  the  applicant's request  f o r  
prenatal  and  childbirth  care  was  disapproved.  Although  the 
disapproval did occur before her discharge, the applicant may not 
have  known  this  since  she  had  already  left  on  terminal  leave. 
Thus, we  find  it  reasonable for her  to have believed  she would 
still  receive  obstetric  care  after  her  separation.  While  we 
conclude  reimbursement  is  warranted,  we  are  not  convinced  it 
should  be  for  $4,237.14  as  applicant  requests.  The  civilian 
facility's "Obstetrical Care  -  Self Pay Plan"  lists fees in the 
range  of  $ 1 , 8 0 0 . 0 0 - $ 2 , 0 0 0 .  
We  note  that  although  her  canceled 
checks  to  that  organization  total  $2,995.00, the  facility's 
printout  of  charges  reflects a  total  of  $2,485.00. Even  if  we 
were to include her vitamins and the highlighted phone bills, the 
total would  still not  equal  the  amount  the  applicant  is asking 
for.  Since  we  believe  reimbursement  for  the  phone  bills  and 
vitamins  is  unwarranted,  and  the  applicant  has  not  provided 
sufficient evidence of expenses totaling $4237.14, we  find that 
she  should  only  be  reimbursed  for  $2,485.00---the amount  the 
civilian  provider  indicated  on  its  12  March  1996  printout  of 
charges. 
DFAS  has  advised  that  the  only  way  to  effect 
reimbursement  f o r   her obstetric expenses would  be  to extend her 
DOS to include the birth of her child. However, as a reinstated 
military member, she could then claim the obstetric expenses she 
is  requesting  in  her  appeal  in  addition  to  the  pay/allowances 
that  would  be  directed  to  cover  these  expenses  in  the  first 
place. We  believe that, rather than extending her DOS, the more 
equitable solution would be  to reinstate her on active duty the 
day her child was born and then discharge her the next day. This 
would  facilitate  reimbursement  for  the  $2,485.00  without 
resulting in a windfall. Therefore, we  recommend her  records 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: 

a.  On 28 August  1995, she was released from active duty and 

transferred to the Reserve of the Air Force. 

b.  On 24 January 1996, she was ordered to active duty in the 
grade  of  airman  for  the  convenience  of  the  government,  and 
competent  authority  approved  reimbursement  of  her  obstetric 
expenses in the amount of $2,485.00. 

c.  On 25 January 1996, she was honorably discharged in the 
grade of airman under the provisions of AFI 36-3208  (Pregnancy or 
Childbirth) . 

4 

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96-0 1264 

c 

The following members of the Board considered this application in 
Executive Sessions on 19 June 1997, 1 8   April 1998, and 20 October 
1998, under the provisions of AFI 36-2603: 

Mr. David C. Van Gasbeck, Panel Chair 
Mr. Richard A. Peterson, Member 
Mr. Jackson A. Hauslein, Member 

All  members voted  to  correct  the  records, as recommended. 
following documentary evidence was considered: 

The 

Exhibit 
Exhibit 
Exhibit 
Exhibit 
Exhibit 
Exhibit 

A. 
B. 
C. 
D. 
E. 
F. 

DD Form 149, dated 24 Apr 96, w/atchs. 
Applicant's Master Personnel Records. 
Letter, HQ USAF/SGMA, dated 9 Sep 96. 
Letter, AFBCMR, dated 7 Oct 96. 
Letter, DFAS-DE/FYCC, dated 25 Jun 98. 
Letter, AFBCMR, dated 28 Jul 98. 
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~AVID C,AAN  G A S ~ C K  

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96-0 1264