PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            22 August 2000
	DOCKET NUMBER:   AR2000041864

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Edward Williamson		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. Kenneth W. Lapin		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 his claim for benefits under the Ready Reserve Mobilization Income Insurance Program (RRMIIP) be reviewed and that he be paid at the rate in which he originally enrolled.

3.  The applicant states, in effect, that he originally enrolled in the RRMIIP for the amount of $5,000.00 in coverage; however, by the time he was briefed and enrolled in the RRMIIP he was mobilized and a determination was made at the National Guard Bureau (NGB) that the maximum he could be enrolled for was $1,000.00.  Consequently, he was denied the amount in which he originally requested.  He further states that another member of his unit who was also not briefed on the RRMIIP appealed the decision to limit his enrollment to the $1,000 amount and his appeal was granted for the $5,000 maximum amount.  He also states that his case is very similar to the other soldier’s case, in that he was not afforded the opportunity to be briefed prior to being enrolled and that he should be afforded the benefits that he would have received had he been properly briefed.  In support of his application he submits a first endorsement from his commander supporting his appeal.

4.  The applicant’s military records show that while serving in the pay grade of   E-5 in the 111th Area Support Group (ASG) of the Texas Army National Guard (TXARNG), he was ordered to active duty on 18 July 1997 in support of Operation Joint Endeavor/Guard and served until he was released from active duty on 22 March 1998.

5.  The supporting statement from the applicant’s unit commander is dated 9 November 1997 and confirms that the applicant was not present at the time the RRMIIP briefing was conducted in his unit on 7 and 8 December 1996 and indicates that the applicant had made up his drill the week prior by working with the full-time force in the Bee Cave Armory.  The commander opined that the applicant was not afforded the opportunity to make an informed decision regarding enrollment in the RRMIIP either during or after the eligibility period.

6.  In the processing of this case a staff advisory opinion was obtained from the NGB.  It opines, in effect, that while the applicant was not briefed prior to mobilization, the applicable guidance provided that enrollment was limited to $1,000 for those personnel who were not briefed prior to mobilization.  Inasmuch as the applicant did not enroll in the RRMIIP until after he was mobilized, he was therefore limited to enrollment in the amount of $1,000 instead of the $5,000 amount he elected.  The NGB also opined that the individual cited by the applicant in his application to the Board was granted coverage in the amount of $5,000 as a result of an appeal and that the approval was based on his having enrolled prior to being mobilized.  The NGB further opined that the applicant was limited to enrollment in the amount of $1,000 based on Department of Defense (DOD) guidance in effect at the time and recommended that his appeal be denied.

7.  The advisory opinion was referred to the applicant for comment and he responded, in effect, that the RRMIIP was poorly administered and information on the program was either poorly disseminated or not disseminated to the troops at all.  He further states that he was unaware of the program; therefore, he could not make an election, much less display an interest in a program he knew absolutely nothing about.  Consequently, he is being denied a benefit that other members of his unit were afforded and received the benefit thereof, a benefit that he should have received equally as well had he been briefed on the program. 

8.  A review of previous RRMIIP cases reviewed by the Board confirms that the 111th ASG conducted its RRMIIP briefing on 8 December 1996. 

9.  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.  The 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 Troop Program Unit 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.

10.  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 the Army National Guard extended administrative appeal/errors process 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.

11.  A clarification of policy rendered from the Office of the Assistant Secretary of Defense for Reserve Affairs on 7 March 1997, in response to an inquiry from the National Guard Bureau, confirmed that soldiers who receive a RRMIIP briefing prior to Mobilization Day (M-Day) have 60 days after the initial briefing or by 2359 hours the day before M-Day, whichever occurs earlier, to make an election up to $5,000.00 in coverage.

12.  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 on 7 and 8 December 1996 when the unit was briefed on the RRMIIP, the Board is convinced that the applicant was not properly briefed on the RRMIIP.

2.  The Board also finds that the Department had an obligation to ensure that all eligible members were briefed and that if any members were not present for the briefing that all available means to contact those personnel to ensure that they were made aware of the benefits available to them.  The Board finds no evidence to show that such an effort was made in regards to the RRMIIP.  Therefore, notwithstanding the opinion from the NGB, the Board finds that an exception to policy in this case is warranted.

3.  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, as an exception to policy, it would be in the interest of justice to enroll the applicant in the RRMIIP effective 8 December 1996 (the day the unit was briefed), when a proper briefing should have been conducted and was prior to the date he was ordered to active duty and became ineligible for enrollment at the higher rate through no fault of his own.

4.  As a result, he is entitled to receive RRMIIP benefits at the rate of $5,000.00 per month for the period 18 July 1997 to 22 March 1998, minus the first 30 days, any premiums due from December 1996, and any payments already made.

5.  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 enrolled in the RRMIIP as an exception to policy effective 8 December 1996 under the $5,000 option, with entitlement to payment at that rate for the period 18 July 1997 to 22 March 1998, minus any premiums he would have paid had he been properly briefed and enrolled on 8 December 1997, minus the first 30 days. and minus any payments already received. 

BOARD VOTE:  

__mvt___  __kwl ___  ___elw__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Edward Williamson____
		        CHAIRPERSON

INDEX

CASE ID	AR2000041864	
SUFFIX		
RECON		
DATE BOARDED	2000/08/22	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  13	101.0000/RRMIIP	
2.		
3.		
4.		
5.		
6.