PROCEEDINGS

	IN THE CASE OF

	BOARD DATE:            17 July 2003                 
	DOCKET NUMBER:    AR2002078023

	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	
	Mr. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Ms. Regan K. Smith		Member	
	Mr. John T. Meixell 		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 he be reimbursed $86.95 for erroneously collected dental premiums collected from his pay for the period March through May 2000.  

3.  The applicant states, in effect, that he did not authorize dental coverage for March through May 2000, while he was in a retired status.  

4.  The applicant’s military records show that he was involuntarily retired in March 2000 and remained in that status until being ordered back to active duty on 
1 June 2000.  As of the date of his application to this Board, the applicant was still serving on active duty at Fort Bragg, North Carolina.  

5.  The record shows that after being involuntarily retired on 1 March 2000, the applicant was recalled to active duty on 1 June 2000.  His leave and earnings statement (LES) for the period 1 through 30 June 2000 indicates that $106.65 was collected for dental program premiums.  Only $19.70 of this total was for dental coverage in the month of June 2000, the remaining $86.95 was for coverage during the period 1 March through 31 May 2000, while he was in a retired status. 

6.  The applicant has attempted to resolve this issue through Army finance officials, the Army DEERS/RAPIDS Project Office, United States Army Personnel Command (PERSCOM), and United Concordia Companies Incorporated (UCCI), the dental program contractor, since June 2000 without result.  

CONCLUSIONS:

1.  The Board notes the applicant’s contention that he should be reimbursed $86.95 for erroneous dental premiums that were collected from his June 2000 pay, and it finds this claim has merit.  

2.  The evidence of record confirms that the applicant was in a retired status from March through May 2000, and that he was recalled to active duty on 1 June 2000.  Given this status, he should not have been required to pay dental premiums for the period he was retired.  His June 2000 LES confirms that dental premiums for the entire period between 1 March and 30 June 2000 were collected from his monthly pay for this period. 

3.  In the opinion of the Board, only the $19.70 amount due for dental coverage for the month of June 2000 was a valid collection from the applicant’s monthly pay for June 2000.  The remaining $86.95 collected for dental coverage for the period 1 March through 31 May 2000 was not a valid collection because the applicant was in a retired status during this period.  Thus, the Board concludes it would be appropriate to reimburse the applicant this amount at this time.  

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was not liable for dental premiums while he was in a retired status from 1 March through 31 May 2000; and by reimbursing him the $86.95 of erroneous dental premiums deducted from his pay for this purpose.  

BOARD VOTE:  

RKS__  __JM___  __JHL    __  GRANT AS STATED IN RECOMMENDATION

________  ________  ______  GRANT FORMAL HEARING

________  ________  ______  DENY APPLICATION

		Joann H. Langston
		  CHAIRPERSON

INDEX

CASE ID	AR2002078023	
SUFFIX		
RECON		
DATE BOARDED	2003/07/DD	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  1021	100.0000	
2.		
3.		
4.		
5.		
6.