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ARMY | BCMR | CY2003 | 2003085412C070212
Original file (2003085412C070212.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 30 September 2003
         DOCKET NUMBER: AR2003085412

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

Mr. Carl W. S. Chun Director
Ms. Beverly A. Young Analyst


The following members, a quorum, were present:

Mr. Raymond J. Wagner Chairperson
Mr. Melvin H. Meyer Member
Ms. Margaret V. Thompson Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

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


APPLICANT REQUESTS: In effect, that the dates in the Defense Enrollment Eligibility Report System (DEER) be updated to reflect that her son was eligible for dental care under the TRICARE Dental Plan (TDP) during the period 11 October 2001 to 10 October 2002. She also requests that she be reimbursed for the dental bills she paid during this period.

APPLICANT STATES: That she needs the eligibility dates placed in DEERS for her son for United Concordia in order to pay dental bills. The applicant submitted two applications; a copy of her DD Form 214; a copy of her son's United Concordia TRICARE Dental ID Card; a copy of a check payable to United Concordia, dated 6 January 2003; and copies of screens from "RAPIDS" and "DOLI."

EVIDENCE OF RECORD: The applicant's military records show:

The applicant initially served in the Regular Army from 23 November 1976 through 22 November 1980.

She enlisted in the U.S. Army Reserve (USAR); however, the date of her enlistment in the USAR is not present in her records. Her DD Form 214 for the period ending 10 October 2002 shows she entered active duty on 18 June 2001. U.S. Army Reserve Personnel Command Orders M-11-101046, dated 7 November 2001 show she was ordered to active duty on 11 October 2001 (although there is no evidence she was earlier released from active duty).

There is no evidence of record available to the Board which shows when the applicant enrolled her son in DEERS.

The applicant provided a copy of her son's United Concordia TRICARE Dental ID Card which shows the effective date of 1 December 2001.

Enrollment Information obtained from the United Concordia TDP website indicates that once the enrollment form is received by United Concordia, eligibility is confirmed by querying DEERS. This website states that eligibility is confirmed and the members are enrolled in the TDP and if enrollment cannot be confirmed, the members will be notified and instructed to contact his or her Uniformed Service personnel office to resolve the issue. If the completed enrollment form and appropriate payment amount are received by the 20th day of the month, coverage is effective the 1st day of the following month. If the enrollment form and payment are received after the 20th day of the month, coverage may not be effective until the 1st day of the second month.




DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.

2. The United Concordia TRICARE Dental ID Card submitted by the applicant shows the eligibility date of her son's coverage as 1 December 2001. From this information, the Board presumes she submitted her TDP enrollment form after 20 October 2001 but prior to 20 November 2001. There is no evidence to show she attempted to enroll him earlier.

3. TDP coverage would then be effective 1 December 2001 as noted on her son's TRICARE Dental ID Card. Even if DEERS were to be changed to reflect her son was enrolled in DEERS effective 11 October 2001, he would have not been eligible for TDP coverage until he was enrolled in the TDP (i.e. 1 December 2001).

4. The applicant provides insufficient supporting evidence (i.e. dental bills) or explanation (why her son had to be treated prior to enrollment in the TDP) to justify granting the requested relief.

5. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

RJW________ MHM_____ MVT_____ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2003085412
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030930
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY Mr. Chun
ISSUES 1. 100.0000
2.
3.
4.
5.
6.


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