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AF | BCMR | CY2002 | BC-2002-03030
Original file (BC-2002-03030.doc) Auto-classification: Approved



                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-03030
            INDEX CODE:  125.00

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

She be reimbursed the difference between the single  and  family  rate
premium from United Concordia (Tricare Dental) for the total period of
enrollment.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Because she and her spouse were separated and living in two  different
locations she was only liable to pay  premiums  for  herself  and  her
dependent child.  Premiums had been deducted at the  family  rate  for
the period 19 July 2000 through 6 May 2002 instead of the single  rate
with one dependent.

Her submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant elected United Concordia Tricare  Dental  coverage  on    19
July 2000 for her and her dependent daughter.  She was legally married
at the time, though separated, and her premiums were deducted  at  the
family rate.  Applicant was divorced on 6 May 2002  and  her  coverage
was changed accordingly from family to single rate withholding.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ ANG/DPFP recommends denial.   Because  the  applicant  was  legally
married at the time of enrollment, 18 July 2000, and was separated but
did not obtain a divorce until 6 May 2002, United Concordia, under the
guidelines of its plan, was permitted  to  withhold  premiums  at  the
family rate.  When DEERS was updated to reflect  the  divorce,  United
Concordia notified the applicant that her premiums would  decrease  to
the single, dependent rate.

DPFP’s evaluation, with attachments, is at Exhibit C.

_________________________________________________________________



APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 7
March 2003 for review and comment within 30 days.  As  of  this  date,
there has been no response received by this office.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was not  timely  filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice.  After reviewing  the  complete  case
file, we are of the opinion that approval of the requested  relief  is
warranted.  It appears that several attempts  to  update  her  Defense
Enrollment Eligibility  System  (DEERS)  information  to  reflect  her
marital status as single and thereby elect to change  dental  coverage
to one dependent only were unsuccessful.   Through  no  fault  of  the
applicant, her dental premiums were  deducted  from  her  pay  at  the
family rate instead of the lower, single with one family member,  rate
from 18 July 2000.   Therefore,  we  recommend  that  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 she changed her dental
insurance coverage election from family coverage to single,  with  one
family member, coverage effective 18 July 2000.

______________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2002-03030 in Executive Session on 20 May 2003, under  the  provisions
of AFI 36-2603:

      Mr. John L. Robuck, Panel Chair
      Mr. Billy C. Baxter, Member
      Mr. Kenneth Dumm, Member

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








    Exhibit A.  DD Form 149, dated 23 Aug 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ ANG/DPFP, dated 23 Jan 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 7 Mar 2003.


                                   JOHN L. ROBUCK
                                   Panel Chair
                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC




[pic]
Office Of The Assistant Secretary





AFBCMR BC-2002-03030




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:

      The pertinent military records of the Department of the Air
Force relating to APPLICANT, be corrected to show that she changed her
dental insurance coverage election from family coverage to single,
with one family member, coverage effective 18 July 2000.






     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency


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