RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           20 September 2005
      DOCKET NUMBER:  AR20040010266


      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:

|     |Mr. James C. Hise                 |     |Chairperson          |
|     |Mr. Thomas E. O’Shaughessy        |     |Member               |
|     |Mr. Patrick H. McGann             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, reimbursement of expenses incurred
for a single routine dental examination for his spouse and dependent son.

2.  The applicant states, in effect, his application for dental insurance
coverage was misplaced by the Fort Rucker, Alabama personnel office, which
resulted in him being charged for dental examinations when insurance
coverage is readily available for military members.  He claims his
application for dental insurance was submitted by him in a timely manner in
accordance with the procedures in place at the time of his in-processing at
Fort Rucker, Alabama.

3.  The applicant provides the following documents in support of his
application:  Self-Authored Statement; Chief, Personnel Management Branch
Memorandum,
dated 29 April 2004; United Concordia Companies Incorporated (UCCI)
Letters, dated 14 May 2004 and 3 August 2004; and Statement of Account
(Dental Bill), dated 29 September 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows he is serving on active duty, in the rank
of chief warrant officer two (CW2), at Fort Rucker, Alabama.

2.  In January 2003, the applicant returned from an assignment in Europe,
where his family’s dental care was provided by military dental personnel at
no cost to the applicant.  In February 2003, the applicant began in-
processing at Fort Rucker.  During his in-processing, he completed the
required forms to transfer his dental coverage from overseas region to the
Continental United States (CONUS) region and submitted his dental insurance
application to the Adjutant General’s office, Fort Rucker in accordance
with what he believed were the established procedures.

3.  In December 2003, the applicant’s spouse and dependent son completed a
routine annual dental examination.  The civilian dental officer informed
the applicant that UCCI had denied the claim for this dental care for his
family members.  The bill for the dental services provided was $607.00.

4.  On 29 April 2004, the Chief, Personnel Management Branch, Military
Personnel/Adjutant General Division, Fort Rucker, provided a memorandum
pertaining to the applicant’s case.  In this memorandum, this local
personnel official indicated that the applicant completed all his required
in-processing at the installation in February 2003.  It further indicates
that the applicant could have attached his dental application to the in-
processing check list he turned in and if it were, it was likely the
application was mistaken for an information paper and shredded.  This
official further indicates the personnel office no longer processes medical
or dental paperwork and if the application had been noted, it would have
been brought to her attention as the supervisor.

5.  On 14 May 2004, UCCI informed the applicant by letter that retroactive
enrollment could not be provided.  It further indicated that prior to
December 2003, UCCI had received no enrollment request or communication
from the applicant regarding his dependents’ enrollment status.

6.  On 3 August 2004, UCCI informed the applicant that his request to
change the Tricare Dental Program (TDP) enrollment date of his family to 1
October 2003 could not be granted.  The letter further indicated the
applicant’s enrollment application had been received at UCCI on 11 December
2003, and the enrollment date for his family was established as 1 January
2004, and this date could not be changed.

7.  The UCCI, TRICARE Dental Program, National Fee for Service Schedule,
provides the authorized allowable amounts of insurance claim payments for
dental procedures.  It shows that the following amounts would be paid by
UCCI for the identified procedures:  Periodic Oral Examination-$26.00,
Fluoride treatment-$22.00 and Cleaning-$53.00.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for reimbursement of dental claims was
carefully considered and found to have merit.  The applicant has been a
member of the Army in good standing since 1992 and there is every reason to
believe he submitted his TDP enrollment application during his in-
processing at Fort Rucker in February/March 2003, as he claims.  This claim
is supported by the statement provided by personnel officials that the
applicant would likely have been shredded if it was submitted with the
applicant’s in-processing paperwork.

2.  There is no reason to believe the applicant would have had his family
seek out routine dental care had he not believed they were enrolled in the
TDP.  Thus, it would be appropriate to provide relief in this case in the
interest of equity.
3.  However, reimbursement of the entire dental bill submitted by the
applicant would not be appropriate given the reimbursement provided to
enrolled members is limited to that fee authorized by the UCCI TDP National
Fee for Service Schedule, which would authorized payment of $202.00 for the
routine dental examinations and cleanings received by the applicant’s
spouse and son.  Thus, it would appropriate to reimburse the applicant this
amount.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___JCH__  __TEO__  __PHM _  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by reimbursing him $202.00 for the dental care
received by his spouse and son in December 2003.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief As a result, the
Board recommends denial of so much of the application that pertains to
reimbursement of the full   $607.00 amount of the dental bill submitted.




            ____James C. Hise  ____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040010266                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/09/20                              |
|TYPE OF DISCHARGE       |N/A                                     |
|DATE OF DISCHARGE       |N/A                                     |
|DISCHARGE AUTHORITY     |N/A                                     |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |Grant Partial                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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