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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