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Decision Text

ARMY | BCMR | CY2001 | 2001063151C070421
Original file (2001063151C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 11 December 2001
         DOCKET NUMBER: AR001063151


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mr. Edmund P. Mercanti Analyst


The following members, a quorum, were present:

Ms. Karol A. Kennedy Chairperson
Mr. Ronald E. Blakely Member
Mr. Thomas E. O'Shaughnessy Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests that he be reimbursed the Tricare Dental Plan premiums he paid for his son after his son entered the U.S. Military Academy (USMA).

3. The applicant states that his Tricare Dental Plan premiums should have been reduced when his son entered the USMA.

4. In support of his request he submits an itemized account of how much he overpaid, an amount totaling $147.72. These overpayments are for the months July 1998, March through June 2000, and August through December 2000. He submits an e-mail from Tricare Dental informing him that they refunded the difference in premiums from 2 January 2001, but Tricare Dental could not make refunds that are for payments over a year old; that it would require the authority of this Board to make those reimbursements. He also submits DD Forms 1172, Application for Uniformed Services Identification Card, Deers Enrollment, completed by his son and himself. Those forms show that the applicant’s son became a cadet on 29 June 1998.

5. The applicant's military records show that at the time the applicant submitted his request to the Board, he was a colonel serving on active duty.

CONCLUSIONS
:

1. The applicant’s Tricare Dental Plan premiums were properly reduced a month after his son became a cadet, and were properly reduced on and off from the date the applicant’s son became a USMA cadet. This is clearly indicative that proper procedures had been taken to change the applicant’s Tricare Dental Plan status, but administrative error resulted in his being billed improper amounts. This assessment is further reinforced by the Tricare Dental Plan’s reimbursement of the overpayments that were within its ability to repay

2. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by reimbursing to the individual concerned all overpayments he made to the







Tricare Dental Plan based on the coverage of his son after his son’s enlistment into the USMA on 29 June 1998.

BOARD VOTE:

__reb____ ____kak_ ____teo_ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __________Karol A. Kennedy____
                  CHAIRPERSON




INDEX

CASE ID AR2001063151
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20011211
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 128.00
2.
3.
4.
5.
6.


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