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ARMY | BCMR | CY2004 | 2004099937C070208
Original file (2004099937C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           7 October 2004
      DOCKET NUMBER:  AR2004099937


      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. Walter T. Morrison            |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Mr. Patrick H. McGann Jr.         |     |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 excess Tricare
Dental Program (TDP) premiums paid from March 2000 through February 2001.

2.  The applicant states, in effect, that she paid excess TDP premiums
amounting to approximately $150.00 during the period in question.  She
claims to have paid double the amount she should have been paying each
month from 2000.  She further states that United Concordia Companies
Incorporated (UCCI) paid her the difference in premiums for the past year,
2001 through 2002.  However, UCCI informed her they could not pay beyond
one year and that she would have to appeal for payment for the remaining
year she was owed.

3.  The applicant provides the following documents in support of her
application:  Leave and Earning Statements (LESs) for the period March 2000-
February 2001, minus the month of June 2000; Divorce Decree, dated 25
October 1996; UCCI Letter with Reimbursement Check for Overpayment of
Premiums, dated 10 June 2002; and UCCI Dental Premium Rate Change Notice,
dated 4 February 2002.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows that as of the date of her application to
the Board, she was serving on active duty as a major in the Active Guard
Reserve (AGR) program.

2.  The 1996 divorce decree provided by the applicant confirms she retained
custody of one child subsequent to the divorce.

3.  The LESs provided by the applicant confirm that over the one-year
period between March 2000 and February 2001, she paid a total of $220.35 in
TDP premiums.

4.  In connection with the processing of this case, a member of the Board
staff contacted the Army Human Resources Command (HRC), Personnel Service
Support Division (PSSD), Defense Enrollment Eligibility Reporting System
(DEERS) Project Officer.  This official indicated that he contacted UCCI
and was informed they do not have records prior to February 2001.  Prior to
that date they used a different system that they claim is no longer
available.  As a result, they are unable to pay claims prior to that
period.
5.  The HRC, PSSD Home Page contains a TDP information page.  It indicates
the TDP has two types of premium plans, the premium sharing plan and the
full premium plan.  For the premium-sharing plan, the enrollee pays forty
percent of the monthly premiums and the government pays sixty percent of
the monthly premiums.  Family members of active duty, Selected Reserve
members, IRR members (Special Mobilization Category) and family members of
Reservists who are on active duty for more than thirty days are eligible
for premium sharing plans.  Under the premium sharing plan (February 2001 –
January 2002), the monthly premium for single enrollment is $7.63 and for
family enrollment, $19.08. No information regarding premium rates prior to
February 2001 was available on the PSSD home page.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms the applicant was eligible to be enrolled in the
TDP at the single enrollment rate of $7.63 per month and should have paid
no more than $91.56 in TDP premiums for the one-year period in question.
The LESs provided by the applicant show she paid a monthly rate of $19.70,
which appears to have been the family premium rate during the period in
question.

2.  Although the applicant provides LESs confirming she paid TDP premiums
totaling $220.35, this does not include a LES for the month of June 2000.
It can be reasonably assumed that she paid at least the $19.70 family rate
for this month.  As a result, she would have paid TDP premiums in the
amount of $240.05 for the entire one-year period in question.  Given the
applicant should have paid no more than the single enrollment premium rate
($91.56) for this
one-year period, it would be appropriate to reimburse her the TDP premium
overpayment ($148.49) at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_WTM___  _PMS___  _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 showing she was responsible to pay the single
enrollment TDP premium rate of $7.63 per month for the period in question,
a total of $91.56 for the one-year period; and by reimbursing her the
$148.49 she overpaid in TDP premiums for this period.

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 above the amount provided for in paragraph 1 above.




            _WALTER T. MORRISON_
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004099937                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/10/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.       |128.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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