DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                BCMR Docket No. 2003-090 
 
Xxxxxxxxxxxxxxxxxxxxx 
  xxxxxxxxxxxxxxxxxxx 

 

 
 

FINAL DECISION 

 
ANDREWS, Deputy Chair: 
 

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 June 9, 2003. 
 
 
members who were designated to serve as the Board in this case. 
 

This final decision, dated March 25, 2004, is signed by the three duly appointed 

APPLICANT’S REQUEST AND ALLEGATIONS 

 
 
 The applicant asked the Board to correct the records of the Defense Manpower 
Data  Center  (DMDC)  Defense  Enrollment  Eligibility  Reporting  System  (DEERS)  to 
show that he was a member of the selected reserve (SELRES) beginning on February 1, 
2002,  rather  than  a  member  of  the  Active  Guard  and  Reserve  (AGR).      The  applicant 
stated  that  upon  his  release  from  a  period  of  active  duty  on  January  31,  2002,  he 
returned to the SELRES.  However, in the DEERS, his status was erroneously entered as 
being in the AGR.  As a result, he was made ineligible for the Reserve TriCare Dental 
Program from February 1 through June 30, 2002.   
 
 
The applicant alleged that he learned of the situation in August 2002, when he 
was  notified  by  the  TriCare  Dental  Program  contractor,  United  Concordia,  that  his 
claim had been denied.  Thereafter, he contacted DEERS and was advised to apply to 
the BCMR. 
 
 
The applicant alleged that he contacted his last command, which advised him to 
contact  the  Coast  Guard’s  Human  Resources  Service  &  Information  Center  (HRSIC).  

HRSIC confirmed his status as a member of the SELRES during the period in question 
and “made several unsuccessful attempts at getting the DEERS record corrected, both 
with DMDC and the [United Concordia].  All efforts have failed.  As of the date of this 
request,  the  DEERS  still  reflects  my  status  as  AGR  for  the  period  …  .    This  request 
remains my only available course of action.” 
 
 
In  support  of  his  allegations,  the  applicant  submitted  a  copy  of  his  discharge 
form DD 214, which shows that on January 31, 2001, the applicant was released into the 
SELRES upon completing a period of extended active duty. 
 

VIEWS OF THE COAST GUARD 

 
 
On  October  22,  2003,  the  Judge  Advocate  General  of  the  Coast  Guard  recom-
mended  that  the  Board  deny  the  applicant’s  request  for  relief  because,  he  stated,  the 
Coast Guard no longer has a DEERS record for the applicant that can be corrected.   
 

The  Judge  Advocate  General  alleged  that  the  applicant  “seeks  correction  of  a 
‘record’ that no longer exists.  The [DEERS] exists to verify eligibility for military health 
care.    Information  from  the  Coast  Guard’s  computers  is  fed  into  this  database  on  a 
regular basis.  Once the information is updated, previous status information is deleted.  
Due  to  Applicant’s  retirement  on  01  July  2002,  no  entries  currently  exist  in  DEERS 
regarding his status during the relevant time period; therefore, there is nothing for the 
Coast Guard to correct.” 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

 
The  Judge  Advocate  General  further  stated  that  the  “Coast  Guard’s  records 
support Applicant’s assertions regarding his status as a member of the SELRES during 
the period 01 February 02 to 30 June 2002.  Applicant should be able to use his DD-214 
and/or  copies  of  his  orders  to  prove  his  eligibility  for  benefits  under  the  Reserve 
TriCare Dental Program for the period in question.” 
 
 
 
 
On  October  27,  2003,  the  BCMR  sent  the  applicant  a  copy  of  the  views  of  the 
Coast Guard and invited him to respond within 30 days.  On November 17, 2003, the 
applicant responded.  He stated that the Coast Guard’s position leaves him in a “Catch-
22  situation”  because  the  solution  proposed  by  the  Judge  Advocate  General  “is  not 
possible.”  The applicant alleged that he has provided a copy of his DD 214 to DEERS 
and  has  had  the  Coast  Guard  Personnel  Service  Center  work  with  DEERS  “all  to  no 
avail.”    He  alleged  that  he  was  repeatedly  told  that  applying  to  the  BCMR  for  a 
correction of the record was the only solution. 
 

 
The applicant alleged that, while the Coast Guard may no longer have the rele-
vant record, DEERS clearly has a record of what the Coast Guard erroneously reported 
to DEERS at the time of his release into the SELRES. 
 

SUPPLEMENTAL VIEWS OF THE COAST GUARD 

 
 
On  February  17,  2004,  in  response  to  an  inquiry  by  the  BCMR  staff,  the  Judge 
Advocate  General  stated  that  he  certified  that  the  applicant  was  a  member  of  the 
SELRES from February 1 to June 30, 2002.  He stated that, “[a]lthough it is impossible 
for the Coast Guard to go back and enter this information into DEERS retroactively, it is 
undisputed  that  this  is  the  information  DEERS  should  have  displayed  during  the 
relevant  time  period.”    Therefore,  the  Judge  Advocate  General  asked  that  “the  third 
parties responsible for administering the Reserve TriCare Dental Program (TDP) allow 
the  retroactive  creation/correction  of  any  documents  necessary  to  accurately  reflect 
Applicant’s true status and allow Applicant the use of those benefits to which he was 
entitled.”  He stated that he would not object if the Board granted such relief. 
 

FURTHER SUBMISSIONS BY THE APPLICANT 

 
 
On  February  19,  2004,  the  applicant  submitted  copies  of  various  documents 
concerning the denial of his claim for dental work performed on June 24, 2002.  These 
include  a  copy  of  a  letter  dated  August  8,  2003,  which  he  received  from  United 
Concordia after he had appealed the denial of his claim and submitted a copy of his DD 
214  to  show  that  he  was  a  member  of  the  SELRES.    In  the  letter,  United  Concordia 
stated the following: 
 

United  Concordia  has  reviewed  your  request  to  update  the  eligibility  status  on  your 
contract.  Unfortunately, United Concordia does not have the ability to update eligibility 
information and cannot initiate changes in the Defense Enrollment Eligibility Reporting 
System (DEERS). 
 
In  order  for  United  Concordia  to  update  your  contract,  the  eligibility  must  first  be 
corrected  in  the  Defense  Enrollment  Eligibility  Reporting  System  (DEERS),  which  may 
require you to provide supporting documentation to the DEERS Support Office (DSO). 

FINDINGS AND CONCLUSIONS 

 

 
 
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 appli-
cable law: 
 
 
10 U.S.C. § 1552.  The application was timely. 
 

The Board has jurisdiction over this matter pursuant to the provisions of 

1. 

2. 

3. 

 
The  Judge  Advocate  General  of  the  Coast  Guard  has  certified  that  the 
applicant  was  a  member  of  the  Selected  Reserve  (SELRES)  from  February  1  through 
June 30, 2002, and that the Coast Guard’s own records accurately reflect his status.  The 
applicant’s  DD  214  also  shows  that  he  was  released  into  the  SELRES  following  his 
separation  from  active  duty  on  January  31,  2002.    Therefore,  the  Board  finds  that  the 
applicant  has  proved  that  he  was  a  member  of  the  SELRES  from  February  1  through 
June 30, 2002.  
 
 
The  record  indicates  that  either  the  Coast  Guard  erred  in  incorrectly 
reporting the applicant’s status to DEERS or DEERS erred in incorrectly recording the 
applicant’s status as being in the AGR, instead of the SELRES.  Because of this error, the 
applicant has been denied coverage under the TriCare Dental Program for dental work 
performed on June 24, 2002, by a private contractor, United Concordia.  Although the 
applicant  submitted  a  copy  of  his  DD  214  showing  his  SELRES  status  to  United 
Concordia,  the  contractor  has  been  unwilling  to  grant  coverage  because  of  the 
erroneous  information  in  DEERS.    Unfortunately,  the  Coast  Guard  apparently  has  no 
way of correcting information in the DEERS system retroactively.  
 
 
In BCMR Docket No. 2002-148, the applicant’s wife had not been enrolled 
in the TriCare Dental Program because of an administrative error.  That applicant was 
also advised by United Concordia that his only recourse was to apply to and receive a 
favorable decision from the BCMR.  Although the Board’s jurisdiction under 10 U.S.C. 
§ 1552 does not extend to the records of private companies such as United Concordia, it 
is in the interest of justice for this Board to grant such relief as it can to assist veterans in 
receiving their due benefits. 
 
 
 Accordingly, relief should be granted by having the Coast Guard Person-
nel Command ask DEERS and United Concordia to correct their records to show that 
the applicant was a member of the SELRES from February 1 through June 30, 2002, and 
to take such action with respect to his coverage under the TriCare Dental Program as 
may be appropriate in light of the correction.  
 
 
 

4. 

5. 

[ORDER AND SIGNATURES ON FOLLOWING PAGE] 

 
 
 
 

ORDER 

 

The application of xxxxxxxxxxxxxxxxxxxxx, USCGR, for correction of his military 

record is granted as follows: 
 

The  Coast  Guard  Personnel  Command  shall  certify  to  DEERS  and  the  United 
Concordia Dental Insurance Company in writing that the applicant was a member of 
the SELRES from February 1 through June 30, 2002, and the Personnel Command shall 
ask  DEERS  and  United  Concordia  to  correct  their  records  to  show  that  the  applicant 
was a member of the SELRES and take such action with respect to his to coverage under 
the TriCare Dental Program during that period as may be appropriate in light of this 
order.  
 

 
 

        

 
 Philip B. Busch  

 

 

 

 
 
             Marc J. Weinberger 

 

 

 

 
             George A. Weller