DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                BCMR Docket No. 2002-148 
 
Xxxxxxxxxxxxxxxxxxx 
  xxxxxxxxxxxxxxxxx 

 

 
 

FINAL DECISION 

 
 
This  proceeding  was  conducted  according  to  the  provisions  of  section 
1552 of title 10 and section 425 of title 14 of the United States Code.  The BCMR 
docketed the applicant’s request for correction on July 26, 2002. 
 
 
appointed members who were designated to serve as the Board in this case. 
 

This  final  decision,  dated  April  8,  2003,  is  signed  by  the  three  duly 

APPLICANT’S REQUEST AND ALLEGATIONS 

 
 
 The  applicant  asked  the  Board  to  approve  backdating  his  wife’s  dental 
insurance coverage.  He stated that he had completed the paperwork to have her 
covered  by  United  Concordia  but  that  the  company  lost  the  paperwork  when 
transferring paper records to a computer database.  He stated that he submitted 
the enrollment form on December 4, 2000, and that the company had agreed to 
backdate the enrollment pending a decision by this Board. 
 

SUMMARY OF THE RECORD 

 
 
not married at the time. 

On September 29, 1998, the applicant enlisted in the Coast Guard.  He was 

On  December  4,  2000,  the  applicant  completed  and  signed  a  DD  Form 
 
2494-1,  entitled  “TriCare—Active  Duty  Family  Member  Dental  Plan  (FMDP) 
Enrollment  Election,”  to  enroll  his  new  wife  in  the  plan.    The  form  was  also 
signed twice by a “witnessing official” on the same day.  The form shows that the 
applicant  authorized  payroll  deductions  to be  made  from  his  basic  pay  for  the 
cost  of  the  coverage.    In  addition,  the  form  notes  that  “changes  in  family  size 

from one to two or more eligible family members (or the reverse) will result in an 
automatic change in enrollment status and an automatic change in premium.” 
 
On December 19, 2000, the applicant signed a “United Concordia TriCare 
 
Dental Program Enrollment/Change Form” to enroll his wife in the program and 
authorize  monthly  deductions  of  the  premiums  from  his  basic  pay.    The  form 
also states the following: 
 

I understand that enrollment is subject to verification of eligibility and receipt of 
one  month’s  premium  payment.    For  applications  received  by  the  20th  of  each 
month, coverage will become effective the first day of the next month.  For appli-
cations received after the 20th day of the month, coverage may not become effec-
tive until the first day of the second month. 

The applicant continued to serve on active duty until September 28, 2002, 

 
 
at which time he was released into the Selected Reserve. 
 

VIEWS OF THE COAST GUARD 

 
 
On December 13, 2002, the Chief Counsel of the Coast Guard recommend-
ed that the Board grant relief.  The advisory opinion of the Chief Counsel includ-
ed  a  memorandum  on  the  facts  of  the  case  and  a  certification  prepared  by  the 
Coast  Guard  Personnel  Command  (CGPC).    A  copy  of  the  certification  is 
attached to this final decision below. 
 
 
In the memorandum, CGPC stated that a United Concordia, TriCare Den-
tal  Program  (TDP)  Enrollment  Form  dated  December  19,  2000,  shows  that  the 
applicant signed it to enroll his wife in the TDP.  The form, however, stated that 
her  enrollment  was  subject  to  the  company’s  verification  of  her  eligibility  and 
receipt of one month’s premium payment.  
 
 
CGPC stated that if the applicant had successfully enrolled his wife, her 
coverage would have begun on January 1, 2001, and the premiums would have 
been deducted from the applicant’s pay.  However, because the paperwork was 
lost, she was not enrolled and no premiums were deducted.  CGPC stated that 
the applicant apparently failed to notice this fact on his Leave and Earning State-
ments. 
 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

On December 23, 2002, the BCMR sent the applicant a copy of the views of 

 
 
the Coast Guard and invited him to respond.  No response was received. 
 

FINDINGS AND CONCLUSIONS 

1. 

2. 

the  Coast  Guard  Personnel  Command 

that 

The Board has jurisdiction over this matter pursuant to the provi-

 
 
The Board makes the following findings and conclusions on the basis of 
the applicant's military record and submissions, the Coast Guard's submissions, 
and applicable law: 
 
 
sions of 10 U.S.C. § 1552.  The application was timely. 
 
The Board agrees with the Chief Counsel of the Coast Guard and 
 
the  Commander  of 
the 
preponderance of the evidence in the record indicates that by December 19, 2000, 
the  applicant  properly  completed,  signed,  and  submitted  all  paperwork 
necessary  to  enroll  his  wife  in  United  Concordia’s  TriCare  Dental  Program 
(TDP).  The Coast Guard has certified these facts (see attachment). 
 
 
The  record  indicates  that  the  applicant’s  wife  was  eligible  for  the 
TDP and that, if the paperwork had not been lost, she would have been enrolled 
as of January 1, 2001, and her dental expenses would have been covered by the 
TDP.  
 
 
Although  the  applicant  failed  to  notice  the  lack  of  an  increase, 
attributable to his wife’s enrollment in the TDP, in the deduction for his insur-
ance  premium  from  his  basic  pay,  the  Board  finds  that  but  for  the  loss  of  the 
paperwork,  the  proper  deductions  would  have  been  made  and  his  wife  would 
have  been  enrolled  in  the  TDP.    Therefore,  the  applicant  has  proved  by  a  pre-
ponderance of the evidence that his record contains an injustice in that his wife’s 
enrollment in the TDP was not completed and the premiums were not deducted 
from his pay. 
 
 
According  to  the  applicant,  United  Concordia  has  agreed  to  pro-
vide coverage based upon a positive decision of this Board.  The Board’s juris-
diction under 10 U.S.C. § 1552 covers any military personnel record but does not 
extend to the records of private companies like United Concordia.  However, in 
light of the evidence in the record and the Coast Guard’s certification, the Board 
finds  that,  if  United  Concordia  is  willing  to  backdate  the  applicant’s  wife’s 
enrollment to January 1, 2001, the Coast Guard should correct its records to show 
that  the  enrollment  was  completed  and  should  recoup  the  amount  from  the 
applicant that would have been deducted for premiums for his wife’s coverage 
under the TDP from January 1, 2001, until the date of his discharge.  
 
 
 
 

Accordingly, relief should be granted.  

6. 

3. 

4. 

5. 

[ORDER AND SIGNATURES ON FOLLOWING PAGE] 

 

 
 
 
 

The application of xxxxxxxxxxxxxxxxxxxxxxxxxx, USCG, for correction of 

his military record is granted as follows: 

ORDER 

 

 
 

 
The Coast Guard shall ask United Concordia Dental Insurance Company 
to  accept  the  attached  certification  and  to  provide  coverage  under  the  TDP  for 
the applicant’s wife  from January 1, 2001, until his discharge on September 28, 
2002, and to process her claims from that period.  If United Concordia agrees to 
do so, the Coast Guard shall (1) correct its records to show that she was properly 
enrolled,  (2)  recoup  from  the  applicant  the  amount  that  would  have  been 
deducted from his pay for the premiums for his wife’s coverage under the TDP 
from  January  1,  2001,  until  his  discharge  on  September  28,  2002,  and  (3)  pay 
United Concordia for the coverage.  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 James K. Augustine 

 
 Dorothy J. Ulmer 

 
 

 

 
 Quang Nguyen 

 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 
 

 
 

 
 

 
 

Coast 

Guard 

2100  Second  Street,  S.W. 
Washington,  DC  20593-0001 
Symbol:  CGPC-adm-2 
Staff 
Phone: 
267-6969 
FAX: (202) 267-4381 

(202) 

States 

 
Commander 
United 
Personnel Command 
 
 

                                      5420 

  

Reply 
to 
Attn of: 

ENS Crespo 
7-6969 

 

 

 
MEMORANDUM 
 
From
: 

G. W. PALMER 
CGPC-c 

 
To: 
 

Commandant  
(G-LMJ) 

Subj:  PROGRAM INPUT ON CGBCMR APPLICATION (xxxxxxxx) 
 
Ref: 
 

(a) CGBCMR Application 2002-148 

1.  Comments on the application contained in reference (a) are attached as enclosure (1). 

2.  I recommend relief be granted and that United Concordia Dental Insurance Company be 
requested to accept this certification as the basis to accept Applicant’s enrollment in the 
TRICARE Dental Program and process payment of his spouse’s claims.  The Coast 
Guard hereby certifies that the Applicant properly prepared and submitted an application 
to enroll his spouse in the Active Duty Family Member Dental Plan (FMDP) in 
December, 2000.  The Applicant’s coverage under this program should be made effective 
retroactive to January 1, 2001, pending submission by Applicant of unpaid premiums 
United Concordia Insurance Company.    

# 

(1) Comments concerning CGBCMR Application 2002-148 

 
 
 
Enclosures
: 
 

Enclosure 1 - CGBCMR 2002-148 

 
RELIEF REQUESTED BY APPLICANT: 
 
1.  The  Applicant  requests  backdating  his  wife’s  dental  coverage  due  to  paperwork 

being lost by United Concordia.      

 
APPLICANT’S STATED BASIS FOR RELIEF: 
 
1.  The Applicant alleges that enrollment paperwork was submitted December 4, 2000, 
and  was  lost  by  United  Concordia  Insurance  Company  when  their  records  were 
transferred to electronic format.  The Applicant asserts that the insurance company 
has  advised  him  that  if  the  Coast  Guard  will  state  that  he  made  appropriate 
application to enroll in the program that they would accept his claims.   

 
MATTERS OF RECORD: 
 
1.  The application is timely. 
 
2.  September 22, 1998:  Applicant enlisted in the U.S. Coast Guard.  
 
3.  December  19,  2000: 

  Per  United  Concordia,  Tricare  Dental  Program  (TDP) 
Enrollment  Form,  Applicant  enrolled  spouse  to  the  TDP.    Section  G  of  the  from 
signed  by  the  Applicant  states  “I  understand  that  enrollment  is  subject  to 
verification of eligibility and receipt of one month’s premium payment.”   

 
4.  Per TDP Benefit Booklet “Coverage is effective the first day of the month after the 
month in which a sponsor enrolls and one month’s premium payment is received.”  
For evidence of coverage each enrolled member receives a TDP Identification Card 
that should be presented at each dental office visit. 

 
5.  The  Applicant  separated  from  the  regular  Coast  Guard  in  September,  2002  and  is 
now serving in the Selected Reserve.  A review of his record indicates that monthly 
dental insurance premiums were never deducted from his active duty payments.   

 
CONCLUSIONS: 
 

 

 

1.  The Applicant’s dependant got dental service without confirmation from United 

Concordia that the coverage was in effect.  Applicant did not receive a TDP Identification 
Card, and did not check the Leave and Earning Statement (LES) to make sure payment of 
the premium was being deducted from his pay.   

2.  While there is no error or injustice by the Coast Guard, and it appears that the Applicant 
failed to verify his spouse’s enrollment in a timely manner, we can verify that his record 
indicates he made appropriate application to enroll his spouse.    
 

RECOMMENDATION: 

 
1.  I  recommend  relief  be  granted  and  that  United  Concordia  Dental  Insurance 
Company be requested to accept this certification as the basis to accept Applicant’s 
enrollment  in  the  TRICARE  Dental  Program  and  process  payment  of  his  spouse’s 
claims.  The Coast Guard hereby certifies that the Applicant properly prepared and 
submitted  an  application  to  enroll  his  spouse  in  the  Active  Duty  Family  Member 
Dental  Plan  (FMDP)  in  December,  2000.    The  Applicant’s  coverage  under  this 
program  should  be  made  effective  retroactive  to  January  1,  2001,  pending 
submission  by  Applicant  of  unpaid  premiums  United  Concordia  Insurance 
Company.