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Decision Text

ARMY | BCMR | CY2002 | 2002072814C070403
Original file (2002072814C070403.rtf) Auto-classification: Approved
PROCEEDINGS
        

         IN THE CASE OF
        

         BOARD DATE: 17 July 2003
         DOCKET NUMBER: AR2002072814

         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. Joseph A. Adriance Analyst

The following members, a quorum, were present:

Ms. Joann H. Langston Chairperson
Ms. Regan K. Smith Member
Mr. John T. Meixell 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, in effect, payment of a $108.00 bill for dental services received by his dependent son in August 2000.

3. The applicant states, in effect, that he has still not received payment for dental work received by his eligible dependent son in July 2000. He states that difficulties in the issue of military identification (ID) cards and updating the Defense Enrollment Eligibility Reporting System (DEERS) resulted in a dental bill for treatment received by his eligible dependent son in August 2000 never being paid. He claims that he made repeated attempts to update the DEERS, which ultimately resulted in a correction to the system. However, this did not result in payment of the dental bill in question. He states that he paid the bill in question in order to retain his good credit standing, but he has still not been reimbursed. He claims that he has been informed that his only avenue of redress was to apply to this Board for relief. In support of his application, he provides the enclosed
self-authored statement.

4. The applicant’s military records show that he has served on active duty in the Active Guard Reserve (AGR) since 15 October 1998, and as of the date of his application to this Board he was still serving in that status.

5. Coordination with Army DEERS officials by a member of the Board staff confirms that the dependent son was eligible for TRICARE benefits from
15 October 1998 through 14 October 2000, and as a full time student he retains this eligibility through the age 23. It also confirms that the applicant paid the appropriate dental premiums during the period and the bill in question should have been covered under the TRICARE Family Member Dental Program (TFMDP).

CONCLUSIONS:

1. The Board notes the applicant’s contention that he should be reimbursed for his payment of the August 2000 bill of $108.00 for dental services received by his eligible dependent son, and it finds this claim has merit.

2. A review of the DEERS confirms that the applicant’s dependent son was eligible for TFMDP benefits at the time he received the dental care in question in August 2000. The Board further finds that the applicant’s son was erroneously dropped from the TFMDP as a result of DEERS processing errors, and it concludes that it would be appropriate and serve the interest of justice to reimburse the applicant for this paid dental bill at this time.

3. 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 showing that the individual concerned was enrolled in the TFMDP in August 2000, and that his dependent son was eligible to receive TRICARE dental services at the time; and by reimbursing him the $108.00 he paid for the dental services received by his eligible dependent son in August 2000.

BOARD VOTE:

RKS__ __JM___ __JHL _ GRANT AS STATED IN RECOMMENDATION

________ ________ ____ _ GRANT FORMAL HEARING

________ ________ ____ _ DENY APPLICATION




                  Joann H. Langston
                  CHAIRPERSON





INDEX

CASE ID AR2002072814
SUFFIX
RECON
DATE BOARDED 2003/07/DD
TYPE OF DISCHARGE N/A
DATE OF DISCHARGE N/A
DISCHARGE AUTHORITY N/A
DISCHARGE REASON N/A
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 1021 100.0000
2.
3.
4.
5.
6.


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