IN THE CASE OF:
BOARD DATE: 7 January 2015
DOCKET NUMBER: AR20140006022
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 records be corrected to show he was entitled to transitional health care benefits when he was discharged.
2. The applicant states the Transitional Assistance Management Program told him he was entitled to keep his medical insurance for 180 days because he was involuntarily discharged and received an honorable discharge.
3. The applicant provides his:
* DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 6 March 2014
* separation orders
CONSIDERATION OF EVIDENCE:
1. On 20 December 2003, he enlisted in the Regular Army. He immediately reenlisted on 23 July 2006, on 2 October 2008, on 27 April 2010, and on
12 December 2012.
2. He served in Iraq from 14 January 2006 to 18 February 2007. He served in Afghanistan from 3 January to 21 December 2008.
3. On 6 March 2014, he was involuntarily discharged by reason of alcohol rehabilitation failure. He completed 10 years, 2 months, and 7 days of active service that was characterized as honorable.
4. Headquarters, III Corps and Fort Hood, Fort Hood, TX Orders 053-0187, dated 22 February 2014, reassigned him to the Fort Hood Transition Center for transition processing. Paragraph b of Additional Instructions states "Soldier is NOT eligible for Transitional Health Care."
5. A telephone conversation with personnel at the transition point revealed the above entry is incorrect. According to Ms. S, the entry should read "Soldier MAY be eligible for Transitional Health Care." The ultimate eligibility decision is made by TRICARE.
6. Military Personnel Message 02-258, subject: Transitional Health Care Benefits for Service Member and Their Families, issued on 29 September 2002 provided guidance on procedures to establish eligibility for transitional health care for service members separating from active duty.
a. Transitional health care benefits are authorized to service members who are involuntarily separated from active duty and did not receive a discharge of less than under honorable conditions (general).
b. Members separated with 6 or more years of cumulative active federal service are authorized 120 days of transitional health care beginning on the date after which the member is involuntarily separated.
DISCUSSION AND CONCLUSIONS:
Based on the information received from the Fort Hood Transition Center and MILPER Message 02-258 it would be appropriate to correct the applicant's separation orders to show he may be eligible for transitional health care benefits. He may then take the amended orders to TRICARE for their eligibility decision.
BOARD VOTE:
____X____ ___X_____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Headquarters, III Corps and Fort Hood, Fort Hood, TX Orders 053-0187, dated 22 February 2014, by:
a. deleting: "Soldier is NOT eligible for Transitional Health Care."
b. adding: "Soldier MAY be eligible for Transitional Health Care Benefits."
____________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) AR20140006022
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ABCMR Record of Proceedings (cont) AR20140006022
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