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AF | BCMR | CY2004 | BC-2003-00508
Original file (BC-2003-00508.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00508
            INDEX CODE:  128.05
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be reimbursed for the cost of his dependents  dental  care  in  the
amount of $1,656.00.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He paid insurance premiums to the Tricare Dental  Program  (TDP),  but
reimbursement for care costs were refused after it was  realized  that
he was retired.

In support of his request, applicant provided a personal statement,  a
letter from United Concordia Companies Inc TDP, a copy of a series  of
emails, a copy of Patient  Transaction  Letters,  and  a  letter  from
United Concordia for Refund for Payment Errors.  Applicant’s  complete
submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant retired from the Regular Air Force on 1 March  2001,  in
the grade of master sergeant.  He continued  to  pay  dental  premiums
through the direct  payment  method  until  April  2002.   His  family
members went to the dentist several times and UCCI  paid  a  total  of
$1,656.00 in bills.  The Defense On-Line Enrollment System (DOES)  was
not updated by the Defense Manpower Data Center and the applicant  was
carried as eligible.  Once their records were updated to  reflect  his
retired status, the applicant was  notified  of  the  error,  refunded
$288.84, which was the total  monthly  premium  payment  he  paid  and
billed him for the dental claims that were incurred.  The date  cannot
be verified as to  when  his  records  flipped  from  active  duty  to
retired.

________________________________________________________________

AIR FORCE EVALUATION:

DPSFCR recommends the applicant’s request be denied.  Since there  was
no systemic flow error  committed  by  the  Air  Force  regarding  his
service record, and the member was  reimbursed  for  his  premiums  of
$288.84, reimbursement for  the  remainder  of  his  claim  should  be
denied.  The Board could provide a partial grant by  compensating  the
member  for  the  amount  of  the  dental  claim  minus  the   premium
reimbursement he  already  received.   The  DPSFCR  evaluation  is  at
Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
27 Feb 04, for review and comment within 30 days.  As of this date, no
response has been 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 timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate  the
existence of an error or  injustice.   After  carefully  reviewing  the
evidence of record, the Board  is  of  the  opinion  the  applicant  is
entitled to reimbursement for the cost of his dependent's  dental  care
as requested.  The applicant continued to pay the premiums  for  dental
coverage in good faith until the Defense Manpower Data  Center  updated
his  retirement  status  in  the  Defense  On-Line  Enrollment  System,
notified him of the error and refunded his paid  premiums  of  $288.84.
In view of the above and in order  to  resolve  any  injustice  to  the
applicant, we recommend that his records be  corrected  to  the  extent
indicated below.

_________________________________________________________________

THE BOARD DETERMINES THAT:

      The pertinent military records of  the  Department  of  the  Air
Force relating to APPLICANT, be corrected  to  show  that  he  was  in
temporary duty status  for  a  sufficient  number  of  days  beginning
2 October 2000, to accumulate an entitlement of $1,367.16.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2003-
00508 in Executive Session on 30 March 2004, under the  provisions  of
AFI 36-2603:

                 Mr. Frederick R. Beaman III, Panel Chair
                 Mr. Michael J. Maglio Member
                 Ms. Martha J. Evans, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 6 Feb 04.
      Exhibit B. Letter, AFPC/DPSFCR, dated 26 Feb 04.
      Exhibit C. Letter, SAF/MRBR, dated 27 Feb 04.





      FREDERICK R. BEAMAN III
      Panel Chair




AFBCMR BC-2003-00508




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  he  was  in
temporary duty status  for  a  sufficient  number  of  days  beginning
2 October 2000, to accumulate an entitlement of $1,367.16.







  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency

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