PROCEEDINGS

	IN THE CASE OF:         

	BOARD DATE:            29 September 1999
	DOCKET NUMBER:   AR1998012409

	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. Fred N. Eichorn		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Ms. Meta Waller		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, retroactive enrollment in and compensation from the Ready Reserve Mobilization Income Insurance Program (RRMIIP). 

3.  The applicant states, in effect, that he was not briefed on his options to enroll in the RRMIIP prior to mobilization and that a senior NCO falsified documents to indicate that he had declined to participate in the RRMIIP. 

4.  The applicant’s military records though incomplete show that while serving in the Virginia Army National Guard (VAARNG) in the pay grade of E-4, he was mobilized with his unit on 4 September 1997 in support of Contingency Operations Joint Guard.  His orders were dated 15 August 1997.  He remained on active duty until he was honorably released from active duty on 22 May 1998 and was returned to his home station.  He had served 8 months and 19 days of total active service.   

5.  In the processing of this case a staff advisory opinion was obtained from the National Guard Bureau (NGB).  It opines, in effect, that an informal investigation was conducted in the applicant’s unit (129th FA Det) and it was determined that the applicant had not been briefed on the RRMIIP prior to his mobilization, which was verified by the commander.  The NGB opined that the applicant was entitled to RRMIIP benefits and recommended that the Board approve RRMIIP benefits in the amount of $1,000 per month for the period 4 September 1997 to 22 May 1998.  The advisory opinion was provided to the applicant for comment but no response was received by the Board.

6.  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.

7.  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.

8.  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 commander’s certification that the applicant was not briefed and the favorable support of the NGB, the Board is convinced that the applicant was not properly briefed on the RRMIIP.

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 enroll the applicant in the RRMIIP effective 14 August 1997 (the day prior to publishing mobilization orders), when a proper briefing should have been conducted and was prior to the date he was ordered to active duty and became ineligible through no fault of his own.

3.  As a result, he is entitled to receive RRMIIP benefits at the rate of $1,000.00 per month for the period 4 September 1997 to 22 May 1998.

4.  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 14 August 1997 under the $1,000 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 for the period 4 September 1997 to 22 May 1998, minus any premiums he would have paid had he been properly enrolled on 14 August 1997.
 
BOARD VOTE:  

___fe ___  ___tap __  __mw___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____Fred N. Eichorn______
		        CHAIRPERSON

INDEX

CASE ID	AR1998012409	
SUFFIX		
RECON		
DATE BOARDED	1999/09/29	
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.