DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
LCC:ddj
Docket No: 3357-03
19 August 2003
This is in reference to your application for correction of your naval record pursuant to the
provisions of title 10 of the United States Code, section 1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive session,
considered your application on 19 August 2003. Your allegations of error and injustice were
reviewed in accordance with administrative regulations and procedures applicable to the
proceedings of this Board. Documentary material considered by the Board consisted of your
application, together with all material submitted in support thereof, your naval record and
applicable statutes, regulations and policies.
In addition, the Board considered the advisory
opinion furnished by NPC memorandum 5420 Pers 312 of 2 June 2003, a copy of which is
attached.
After careful and conscientious consideration of the entire record, notwithstanding the advisory
opinion, the Board found that the evidence submitted was insufficient to establish the existence of
probable material error or injustice. Your daughter entered into the an orthodontic program for
which she was not an eligible recipient. The Board does not have the authority to change the
eligibility requirements of a particular plan nor can the Board change the date of birth of an
individual. Accordingly, your application has been denied. The names and votes of the
members of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such that favorable action cannot be taken.
You are entitled to have the Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board. In this regard, it is important
to keep in mind that a presumption of regularity attaches to all official records. Consequently,
when applying for a correction of an official naval record, the burden is on the applicant to
demonstrate the existence of probable material error or injustice.
Sincerely,
Enclosure
DEPARTMENT OF THE
NAV Y
D
NAVY
PERSONNEL COMMAN
5720 INTEGRITY DRIVE
MILLINGTON TN
38055-0000
EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
ASSISTANT FOR BCNR MATTERS, PERS-OOZCB
SUB
TIONS
IN CASE OF
Ref:
(a) OOZCB ltr of 22 May 03
1. Chief William C. Gates appealed to the Board for correcting errors and/or removes injustices
in his
TRlCARE Dental Program (TDP).
2. Background: The information contained in the Defense Enrollment Eligibility Reporting
System (DEERS) provides the basis for family member eligibility. The unpaid Orthodontic Bills
for
1,2002 with the reasons
29,200O and in accordance with requirements
highlighted. Alisha turned 19 years old on July
for the TRICARE Dental Program was no longer eligible for benefits. The system failed Chief
B was from November 30, 1999 through February
d his daughter
&WI@ in that no one informed them that upon Alisha reaching the age of
w-s received
19, all Orthodontics benefits would terminate. On October
a letter from Orthodontic Specialists that her orthodontic insurance coverage had reached its
maximum an all the unpaid portion would be transferred to her account.
($2001, Miss
3. Facts and Circumstances: A review of his case reflected that Chief-as paying family
dental premiums and his family members were currently enrolled. Some of the Orthodontics
visit could not be processed because United Concordia received them more than 12 months after
the service was completed. ln February 2001 the orthodontic benefits changed and the age limit
was increased to age 23 but would not included individuals that had already reached the age of
19 years.
would be rendered.
Since@l#Ws treatment ended prior to the new age limitation, no additional payments
Chief%lCr&vas enrolled in the TRICARE Dental Program (TDP) and
4. Recommendation.
relied on individuals that were knowledgeable of the plan to help keep him informed. Due to the
breakdown of the system in assisting the service member and his family in understanding all the
procedures and rules of the TRICARE Dental Program (TDP), recommend that Chie
be
reimbursed for the
exnenses incurred.
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