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AF | BCMR | CY2006 | BC-2005-01713
Original file (BC-2005-01713.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01713
            INDEX CODE:  100.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES

MANDATORY COMPLETION DATE:  27 SEPTEMBER 2006

___________________________________________________________________

APPLICANT REQUESTS THAT:

He be allowed to elect coverage under TRICARE Reserve Select (TRS).
___________________________________________________________________

APPLICANT CONTENDS THAT:

He completed two years extended active duty (EAD)  and  was  assigned  to
Palace Front in response to recall after 9/11.  He has been informed that
he is not eligible for TRS because he was not in an active reserve status
at the time he was performing EAD.  He responded  to  9/11,  deployed  to
Iraq and is currently in the Reserves.

No  supporting  documents  were  submitted.   The  applicant's   complete
submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Information extracted from the Military Personnel  Data  System  (MilPDS)
reveals the applicant’s Total Federal Commissioned Service  Date  (TFCSD)
as 9 May 1989.  The applicant was ordered to EAD on 26 March 2002 for  an
indefinite period of time.  He was  promoted  to  the  Reserve  grade  of
major, with an effective date and date of rank of 27 May 2005.

The remaining relevant facts pertaining to  this  application,  extracted
from the applicant’s  military  records,  are  contained  in  the  letter
prepared by the appropriate office of the Air Force at Exhibit C.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFRC/DPMB denial.  DPMB states the applicant was called to active duty
for an indefinite period, during which time, he and his  dependents  were
covered by TRIARE Standard/Prime.  DPMB affirms the  applicant  does  not
meet the criteria for eligibility for participation into TRICARE  Reserve
Select.  DPMB explains to meet the eligibility “A member of  the  reserve
component is eligible to purchase TRS coverage if he or she was called or
ordered to active duty for a period of more than 30 days on or  after  11
September 2001, in  support  of  contingency  operations  as  defined  in
Section 101(a)(13)(B) of Title 10, U.S.C.,  and  served  continuously  on
active duty, voluntarily or involuntarily for 90 days or more under  that
call or order to  active  duty.”   DPMB  opines  based  on  the  evidence
provided, the applicant does not qualify for TRICARE Reserve Select.

DPMB’s evaluation is at Exhibit C.
___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force  evaluation  was  forwarded  to  the  applicant  for
review and comment on 8 July  2005.   As  of  this  date,  this  office  has
received no response (Exhibit D).
___________________________________________________________________

THE BOARD CONCLUDES THAT:

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

2.  The application was time filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of  error  or  injustice.   We  took  notice  of  the  applicant’s
complete submission in judging the merits of the  case;  however,  we  agree
with HQ AFRC/DPMB’s opinion and recommendation and adopt their rationale  as
the basis for our conclusion that the applicant has not been the  victim  of
an error or injustice.   In  accordance  with  the  law  governing  the  TRS
program, the applicant does not qualify for this benefit because of his  EAD
status; furthermore, his orders do not state he was “deployed.”  In view  of
the foregoing, we find no basis to recommend granting the relief  sought  in
this application.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issue(s)
involved.   Therefore,  the  request  for  a  hearing   is   not   favorably
considered.

___________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable material error or injustice; that the  application
was denied without a personal appearance;  and  that  the  application  will
only be reconsidered  upon  the  submission  of  newly  discovered  relevant
evidence not considered with this application.

___________________________________________________________________

The following members  of  the  Board  considered  AFBCMR  BC-2005-01713  in
Executive Session on 19 January 2006, under the provisions of AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Ms. Jean A. Reynolds, Member
      Mr. James A. Wolffe, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 19 May 05.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFRC/DPMB, dated 28Jun 05.
    Exhibit D.  Letter, SAF/MRBR, dated 8 Jul05.





                                   MICHAEL K. GALLOGLY
                                   Panel Chair

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