PROCEEDINGS

	IN THE CASE OF

	BOARD DATE:            6 October 1999
	DOCKET NUMBER:   AR1998012196

	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. Loren G. Harrell		Director	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Van B. Cunningham		Member	
	Mr. Roger W. Able		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 that the $1,000.00 per month awarded for enrollment in the Ready Reserve Mobilization Income Insurance Program (RRMIIP) be changed to $5,000.00 per month.

3.  The applicant states, in effect, that he initially elected to enroll in the RRMIIP at the rate of $5,000.00 per month; however, he was only approved for enrollment at the rate of $1,000.00 per month because he did not enroll in the RRMIIP during the October – December 1996 enrollment window.  He further states that he was not briefed on the RRMIIP during the established enrollment window because he was attending a military school at the time in lieu of attending drills and therefore was not afforded the opportunity to enroll until after he returned. 

4.  The applicant’s military records show that the applicant while serving in the pay grade of E-5 in a USAR Troop Program Unit (TPU), attended military training for military occupational specialty 31U during the period 16 November 1996 to 4 May 1997. 

5.  On 13 June 1997 the applicant submitted an enrollment application for enrollment in the RRMIIP at the rate of $5,000.00 per month.  His application was approved; however, because he had submitted his application after the enrollment deadline, he was approved only for enrollment at the $1,000.00 rate.  He was advised to apply to this Board if he believed that an error or injustice had occurred in his case.  The applicant was mobilized on 16 October 1997.

6.  In the processing of this case a staff advisory opinion was obtained from the Army Reserve Personnel Command (ARPERSCOM) RRMIIP Program Manager. It opines, in effect, that the applicant was entitled to enrollment and receipt of RRMIIP benefits in the amount of $5,000 per month (minus the first 30 days) for the period in which he had been paid at the $1,000.00 rate.  The ARPERSCOM recommended that the Board approve his request.  The advisory opinion was provided to the applicant for comment but no response was received by the Board.

7.  The National Defense Authorization Act for Fiscal Year 1996, dated 10 February 1996, authorized the RRMIIP with an initial start date of 1 October 1996.  RRMIIP was designed to provide income insurance for most Reserve Component members who were involuntarily ordered to active duty in support of military operations for over 30 days.  The initial enrollment period for active members of the Reserve Components (USAR and National Guard) was 1 October 1996 through 31 December 1996.  Personnel who failed to enroll within 60 days after being briefed were considered to have declined.  Personnel on active duty were not eligible to apply for enrollment in the RRMIIP.  Personnel who enlisted in a TPU after the initial enrollment period were required to be briefed on the program within 60 days of arrival in the unit and had 60 days after being briefed to enroll or decline.

8.  The National Defense Authorization Act for Fiscal Year 1998, effective 18 November 1997, terminated the RRMIIP coverage for those not ordered to involuntary active duty as of that date and prohibited new enrollments.  Consequently, the USAR and Army National Guard extended administrative appeals/errors processing to offer Reserve Component soldiers who believed that they were wrongfully denied enrollment an opportunity to appeal.  All appeals had to be received in complete form as of 30 June 1998.

9.  The Office of the Assistant Secretary of Defense memorandum dated 14 November 1996, provided clarifying guidance regarding eligibility of Reserve members who were insured under the RRMIIP.  It states, in pertinent part, that during the period in which eligible members of the Reserve components who were members prior to the establishment of the RRMIIP who were called to active duty for a period of covered service prior to having an opportunity to enroll or decline to be insured under the RRMIIP, will have the option to elect coverage not to exceed the $1,000.00 basic amount.

CONCLUSIONS:

1.  The issue in this case is whether or not the applicant was properly briefed on the RRMIIP and was it accomplished within the prescribed timeframe.  Given the fact that the applicant was attending a military school at the time the enrollment period and that he enrolled shortly after finishing the school, the Board is convinced that the applicant was not briefed on the RRMIIP and as result was improperly denied enrollment in the RRMIIP at the rate of $5,000.00.

2.  Therefore, the Board accepts the applicant’s contention that he was not briefed on the program and was unjustly denied a benefit that he otherwise would have been able to receive had he been properly and timely briefed.  Accordingly, it would be in the interest of justice to show that he enrolled in the RRMIIP effective 13 June 1997 with entitlement to retroactive payment of entitlements at the rate of $5,000 per month (minus the first 30 days). 

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was enrolled in the RRMIIP effective 13 June 1997 under the $5,000 option.
2.  That the individual concerned be afforded the opportunity to submit a      DFAS-CL Form 1241/3 (RRMIIP Claim for Mobilization Insurance Benefits) and supporting documents for retroactive payment of RRMIIP benefits, at the $5,000 rate, for the period in which he was previously paid at the $1,000 per month rate, minus any premiums he would have paid had he been properly enrolled on 13 June 1997 and any premiums he has already received. 

BOARD VOTE:  

____ao__  ___vbc__  ___ra ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Arthur A. Omartian____
		        CHAIRPERSON

INDEX

CASE ID	AR1998012196	
SUFFIX		
RECON		
DATE BOARDED	1999/10/06	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  297 	128.1400/RRMIIP	
2.		
3.		
4.		
5.		
6.