Auditors posed as military beneficiaries and made covert calls to see if Tricare's mental health care providers were reachable and available as advertised.
Two judges determined it was too early in the legal process to make a decision on the contentious issue of affirmative action in the service academies.
The lawsuit was filed by the same group behind the lawsuit that resulted in the U.S. Supreme Court striking down affirmative action in college admissions.