IN THE CASE OF:	  

		BOARD DATE:	  17 November 2011

		DOCKET NUMBER:  AR20110006577 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, his Tricare debt in the amount of $17,000 be remitted. 

2.  The applicant states: 

	a.  he deployed to Iraq from 2006 to 2007.  In September/October 2007, he was demobilized and informed he could keep his Tricare coverage.  He elected to keep the insurance because it was better than the insurance at his civilian job.  He went back to drill status with the Wyoming Army National Guard and in July 2008 he was medically retired due to an injury he incurred in Iraq.

	b.  he never received a retirement briefing packet or any information regarding his new retirement status except his orders indicating his new duty station was the Retired Reserve.  During demobilization he was told he was eligible for Tricare until November 2011 due to his active duty time. 

	c.  after retirement, Tricare continued to send him premium notices which he paid.  In December 2009, he went to Hill Air Force Base (AFB) and removed his ex-wife from his insurance.  Shortly thereafter, Tricare declined payment for services rendered to his children, he was informed he was not eligible for coverage, and he had not been eligible since 24 July 2008.  They tried to send him back $3,600 in premiums and informed him they would collect over $17,000 in medical bills that were paid out for the care of his family from July 2008 to December 2009.

	d.  he called officials of the State of Wyoming, DEERS [Defense Enrollment Eligibility Reporting System], and Tricare to figure out what happened.  The officials of Wyoming claimed they had done what they were supposed to have done and DEERS said no one ever updated his eligibility.

	e.  he spoke with an official at the DEERS/RAPIDS project office and an intensive investigation was done.  The investigation revealed that DEERS got his paperwork from the State of Wyoming and from there the system broke down.  DEERS still showed he was serving in the National Guard in an active status.  He points out that Tricare wants him to pay back $17,000.  He does not see where it is his fault. 

3.  The applicant provides:

* DEERS letter, dated 4 January 2011
* Tricare Certificate of Creditable Coverage, dated 14 December 2009
* Military records
* Email correspondence
* Retirement orders
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
* Tricare claims
* Letters, dated 11 April and 18 August 2011, from a Member of Congress   

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army National Guard on 13 December 1989.  He trained as a bridge crewmember, horizontal construction engineer, and cannon crewmember.  He was ordered to active duty on 30 May 2006 in support of Operation Iraqi Freedom.  He served in Iraq from 26 September 2006 to 
29 September 2007.  On 3 November 2007, he was released from active duty.

2.  Wyoming State orders, dated 19 August 2008, show he was honorably discharged from the Army National Guard and transferred to the Retired Reserve effective 24 July 2008.

3.  He provided a Tricare Certificate of Creditable Coverage, dated 14 December 2009, which states he was eligible for Tricare benefits from 2 May 2008 through 23 July 2008.  



4.  He provided a letter, dated 4 January 2011, from the Chief, Beneficiary Services Branch, Department of Defense, Manpower Data Center in Seaside, CA which states his Tricare coverage terminated when he was transferred to the Retired Reserve.    

5.  He provided numerous Tricare claims for his family during the period July 2008 to February 2010. 

6.  He also provided email correspondence from a DEERS official who stated:

* By law, Tricare uses DEERS to determine eligibility
* His DEERS record showed he was eligible for Tricare so they sent him premium payments
* In December 2009 when his record was corrected it showed he no longer was entitled to Tricare
* Tricare will recoup the benefit from 24 July 2008 until December 2009
* According to SIDPERS [Standard Installation/Division Personnel System], the transaction process date the applicant was put into the Reserve Retired category was 21 August 2008
* According to DMDC [Defense Manpower Data Center], on 7 December 2009, the applicant's record was updated at Hill AFB and the Reserve Retired category was put into DEERS
* The Army Reserve Project Office never received the update (that he was placed in the Reserve Retired category in DEERS) and his records showed he was in the Army National Guard 
* The breakdown occurred after the transaction left the NGB
* The transaction did not make it to DMDC or the Army Reserve Project Office
* Tricare put a hold on his account pending completion of the Army Board for Correction of Military Records appeals process

DISCUSSION AND CONCLUSIONS:

1.  Evidence shows the applicant was released from active duty on 3 November 2007.  He was transferred to the Retired Reserve on 24 July 2008.

2.  The applicant contends he was told he was eligible for Tricare until November 2011.  The evidence to support this contention is his assertion and the continued 


Tricare coverage until December 2009.  He provided other evidence which shows he was eligible for Tricare benefits from 2 May 2008 through 23 July 2008. 

3.  The record provides a basis for equitable relief since DEERS was not updated by the Department of Defense as required.  A proper update would have brought the coverage problem to light much sooner thus allowing him to stop incurring the bills.  Therefore, as a matter of equity, his records should be corrected to show he was transferred to the Retired Reserve on 1 March 2010.  This will cover the time period he incurred medical expenses under Tricare.  He would be responsible for Tricare premiums until 1 March 2010.  

4.  In addition, he should also be awarded the appropriate membership retirement points as a result of this change. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  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:
   
	a.  voiding his Wyoming discharge orders, dated 19 August 2008, that discharged him from the Army National Guard and transferred him to the Retired Reserve effective 24 July 2008; 

   b.  discharging him from the Army National Guard effective 1 March 2010 and transferring him to the Retired Reserve; and
   
   c.  awarding him the appropriate membership retirement points during the period 25 July 2008 to 1 March 2010.
   
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 directly remitting his Tricare debt.
   


      _______ _   X_______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20110006577



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ABCMR Record of Proceedings (cont)                                         AR20110006577



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