PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            1 June 2000
	DOCKET NUMBER:   AR2000041910

	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. James C. Hise		Chairperson	
	Mr. Raymond V. O’Connor, Jr.		Member	
	Mr. Melvin H. Meyer		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 on 6 December 1996 for the amount of $5,000.00 in coverage; however, by the time he was enrolled in the RRMIIP he was already in receipt of mobilization orders and a determination was made at the Army Reserve Personnel Command (ARPERSCOM) that the maximum he could be enrolled for was $1,000.00.  Consequently, he was denied the amount in which he originally requested prior to being mobilized.     

4.  The applicant’s military records show that on 6 December 1996 while serving in the pay grade of O-4 (major)  in the 339th Transportation Detachment, he completed his application for enrollment in the RRMIIP and elected the $5,000.00 option.  He was ordered to active duty on 10 April 1997 in support of Operation Joint Endeavor/Guard and remained on active duty until he was released from active duty on 20 December 1997.  His application for enrollment was subsequently approved by the ARPERSCOM for only $1,000.00 because he was in receipt of mobilization orders at the time he requested enrollment or his application was received.

5.  In the processing of this case a staff member of the Board contacted officials at the ARPERSCOM RRMIIP Manager’s Office to determine why the applicant had been denied enrollment in the amount originally selected.  Officials at the ARPERSCOM indicated that originally a determination/interpretation had been made that once individuals had received mobilization orders, they could only be enrolled at the rate of $1,000.00.  However, after an inspection by the AAA it was determined through a clarification of policy provided by the Office of the Assistant Secretary of Defense for Reserve Affairs, that individuals had the right to full enrollment until such time as they actually entered active duty and that possession of orders prior to the effective date did not restrict their entitlements.  The applicant was one of the individuals identified during that audit as possibly being eligible to receive additional benefits from the RRMIIP.

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.  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.

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 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.

8.  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.

CONCLUSIONS:

1. The evidence of record clearly shows that the applicant enrolled in the RRMIIP and elected coverage in the amount of $5,000.00.  However, through an administrative delay in processing his application as well as a misinterpretation of the RRMIIP directives, the applicant was unjustly limited to enrollment in the amount of $1,000.00.   

2.  Accordingly, it would be in the interest of justice to correct his records to show that he enrolled in the RRMIIP at the rate of $5,000.00 and was paid accordingly.

3.  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 at the rate of $5,000.00, instead of the $1,000.00 rate he was paid, with entitlement to all back pay (RRMIIP premiums) for the period of 10 April 1997 to 20 December 1997 (minus the first 30 days), less any payments he has already received, and any premiums due.

BOARD VOTE:  

__jch ___  __mhm__  __rvo ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____James C. Hise_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000041910	
SUFFIX		
RECON		
DATE BOARDED	2000/06/01	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  13	101.0000/MOBINS/RRMIIP	
2.		
3.		
4.		
5.		
6.