RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-00598 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: The outstanding medical debt he incurred as a result of an error in the Defense Enrollment Eligibility Reporting System (DEERS) be void. APPLICANT CONTENDS THAT: He was never notified of his separation from the Air Force. In addition, his separation date was never updated in the Military Personnel Data System (MilPDS). Therefore DEERS continued to reflect him as an eligible beneficiary for TRICARE benefits. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 23 May 2002, the applicant entered the Regular Air Force. According to Special Court-Martial Order No. 3, dated 2 December 2005, the applicant was found guilty of one specification of wrongful use of Methadone, a Schedule II controlled substance between on or about 19 August 2005 and on or about 25 August 2005, and one specification of wrongful use of Oxycodone, a Schedule II controlled substance between on or about 12 August 2005 and on or about 18 August 2005, in violation of Article 112a, Uniform Code of Military Justice. On 4 November 2005, he was sentenced to confinement for 90 days, reduction to the grade of airman basic (E-1) and a Bad Conduct Discharge (BCD). According to Court-Martial Order No. 6, dated 29 December 2006, the sentence to a BCD, confinement for 90 days and reduction to the grade of airman basic as promulgated in Special Court Martial Order No. 3, dated 2 December 2005, was affirmed and the BCD was executed. According to the applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, on 23 February 2007, he received a BCD and was credited with four years, nine months, and three days of active service. He had lost time for the period 4 November 2005 to 5 December 2005. A Secretary of Defense letter dated 26 February 2014 states in part that the Air Force involuntarily separated the applicant on 23 February 2007, after a period of incarceration and appellate leave, in accordance with Title 32 of the Code of Federal Regulations, Part 199.3 (f). The letter also states that after the applicant’s discharge date and up until 19 March 2010, the applicant continued to access both medical and pharmacy services and incurred several thousand dollars' worth of expenses that TRICARE paid. The payments were made because DEERS did not reflect the applicant’s final discharge date of 23 February 2007 until 4 April 2010. The letter goes on to state that it was unknown as to the reasons the update was not made immediately upon his discharge and the Air Force was unable to provide an explanation for the time between which the applicant was separated and when his discharge date was posted in DEERS. Nonetheless, during this period, the applicant erroneously received Supplemental Health Care Program authorizations from the Tyndall AFB military treatment facility. Finally, the letter states that regardless of when DEERS was changed, the applicant was fully aware of his permanent separation from the military because at the time of his discharge, his DD Form 214, and his final discharge order was sent to the address he provided. The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSIZ recommends approval. Discharge documents indicating the applicant’s active duty separation were not transmitted or verified for receipt to the applicant notifying him his DEERS eligibility had ended on 23 February 2007. An internal DEERS audit review of Air Force active duty members who were adjudged by a military court conviction for discharge or administrative separation actions, revealed some of their records incorrectly reported them as remaining on active duty. The incorrect MilPDS reporting to DEERS inadvertently assigned medical benefit eligibility to the applicant. The incorrect DEERS eligibility information was provided to the medical community, specifically with Military Treatment Facilities and TRICARE network providers. In view of the above, AFPC/DPSIZ recommends the applicant’s outstanding medical debt be paid by TRICARE, and his separation from active duty on 23 February 2007 be corrected to reflect 19 March 2010. The DEERS record correction supports eligibility to medical care and to cover incurred medical expenses only. A complete copy of the AFPC/DPSIZ evaluation, with attachments, is at Exhibit B. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 18 September 2015, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. After a thorough review of the evidence of record and applicant's complete submission, we are not persuaded that relief is warranted. We note the Air Force OPR recommends approval of the applicant’s request stating there is no evidence he was notified that his DEERS eligibility had ended on 23 February 2007. However, we find the facts and circumstances of this case in no way render the applicant the victim of an error or an injustice. In this respect, we note the Secretary of Defense’s letter dated 26 February 2014, states that regardless of when DEERS was changed, at the time of his discharge, it appears the Air Force sent the applicant his DD Form 214 and his final discharge order to the address he provided. Although there is no conclusive evidence that he was notified of his separation, based upon the presumption of regularity in the conduct of governmental affairs and without substantial evidence to the contrary, we must assume that the applicant was properly notified of his separation. As such, it is also our opinion the applicant was fully aware of his permanent separation from the Air Force. Even if we were to assume arguendo that the applicant was not properly notified of his separation, we simply do not find it reasonable that he would believe he was eligible for TRICARE benefits after his BCD in February 2007. Therefore, it is our opinion the applicant has failed to sustain his burden of proof that he has been the victim of an error or injustice. In view of the above and absent persuasive evidence that he was denied rights to which he was entitled, we find no basis to recommend granting the relief sought in this application. THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. The following members of the Board considered AFBCMR Docket Number BC-2015-00598 in Executive Session on 3 December 2015, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 18 January 2015, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSIZ, dated 6 April 2015, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 18 September 2015.