PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           23 January 2001                   
	DOCKET NUMBER:   AR20000039249

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mrs. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas E. O’Shaughnessy, Jr.		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests in effect, that his records be corrected to show entitlement to Transition Assistance (TA) for 120 days, therefore entitling him and his dependents to receive medical treatment until September 1999.

3.  The applicant states in effect, that he was discharged on 8 May 1999, under Army Regulation 635-40 chapter 4-24B(3) with a SPD code of JFL (Disability, Severance Pay).  His separation orders 077-0001, dated 18 March 1999, authorized medical coverage until 4 September 1999.  In July 1999, Tricare authorized St John’s Hospital to provide 8 weeks of speech therapy for his daughter.  In September 1999, he received a bill from the hospital for $1,332.00 dollars because they were unable to submit the claim to Tricare for payment.  After receiving the bill he contacted the Tricare office located at Munson Army Hospital, Fort Leavenworth, KS.  He was informed that he and his dependents had been dropped from the Defense Enrollment Eligibility Reporting Systems (DEERS) records in July 1999.  He was then directed by the Tricare Assistance unit to the DEERS section at the base and there they attempted to call the DEERS office in Monterey. He was unable to get himself and his dependents reinstated into the system.  He decided to go to the Transition Office, only to be informed that his problem was not unique several other soldiers had the same problem.  He made numerous calls to various Tricare offices and DEERS offices, he faxed copies of his orders, copies of his separation papers in order to get his situation straighten out, but to no avail he was unable to do so.  The applicant believes that submitting his application to this Board was his last resort in getting his problem corrected.  At the separation briefing his benefits were explained to him and at that time he believed his orders were correct, however he was not briefed on SPD codes.  If he had been informed that his dependents had been dropped from DEERS when it actually happened, he would have gone through alternate avenues to obtain medical services for his daughter.  The applicant submits a copy of his separation orders and his bill from Saint John’s Hospital in support of his application.

4.  The applicant’s military records are not available.  Information herein was obtained from an alternate source. 

5.  On 30 March 1994, the applicant enlisted in the Army.  He completed the required training and was awarded military occupational specialty 75F10
(Personnel Information System Management Specialist).  

6.  On 8 May 1999, the applicant was honorably discharged with severance pay in accordance with Army Regulation 635-40, chapter 4-24B(3).  He was given a 
SPD code of JFL.  He completed 5 years, 1 month and 9 days of creditable active service and no lost time.

The applicant’s separation orders 077-0001, shows that he and his dependents were entitled to medical coverage until 4 September 1999.  His Certificate of Release or Discharge from Active Duty (DD Form 214) shows his SPD code as JFL.

Section 2.22I of Air Force Instruction (AFI) 36-3026(I) dated 29 July 1999 (which superseded Army Regulation 600-8-14) provides the eligibility criteria for Separatees under the Transition Assistance Management Program (TAMP) or Coast Guard Reserve Transition Benefits.  Members who are separated under the Transition Assistance Management Program (TAMP) who have fewer than 6 years’ active service (using total active Federal military service date (TAFMSD) at the date of involuntary separation), the sponsor and eligible dependents are eligible for medical care (CHAMPUS and direct care in Military Treatment Facility) for 60 days beginning the date of separation.

CONCLUSIONS:

1.  The Board notes that the applicant’s separation orders authorized medical coverage for him and his dependents until 4 September 1999 (120 days) under the TAMP.  His DD Form 214, shows a SPD code of JFL, which is commensurate with AR 635-40.

2.  The applicant’s separation orders erroneously authorized medical entitlements to him and his dependents for 120 days.  However, in accordance with AFI 36-3036(1) he was entitled to medical care for only 60 days.  The Board concludes that the applicant believed that the orders he received were correct and acted on it accordingly.

3.  The error in the applicant’s separation orders was an administrative error on the part of the Army and the applicant should not bear the cost of the error.  Therefore, as a matter of equity and in fairness to the applicant, the government should pay the cost of his daughter’s medical bill.  It would be appropriate to amend his separation orders.

4.  In view of the foregoing and as an exception to policy, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That the applicant’s orders be amended to show he was entitled to 120 days medical care as an exception to policy.

2.  That the Defense Finance and Accounting Service pay the applicant’s medical bill and refund to the applicant all monies that he has been forced to pay toward the $1,332.00 bill. 

BOARD VOTE:  

__lls___  __wtm___  __teo___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Luther L. Santiful
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000039249	
SUFFIX		
RECON		
DATE BOARDED	20010123	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.		
3.		
4.		
5.		
6.