PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            15 February 2001
	DOCKET NUMBER:   AR2000047562

	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	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Ms. Shirley L. Powell		Member	
	Mr. Harry B. Oberg		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 reconsideration of his request for retroactive enrollment in and compensation from the Ready Reserve Mobilization Income Insurance Program (RRMIIP).

3.  The applicant states that he was never afforded the opportunity to enroll in the RRMIIP during the initial enrollment period.  He states that his request for enrollment in and compensation from the RRMIIP should be granted based on discovered evidence by the Inspector General (IG) of the 81st Regional Support Group.  He further states that an IG investigation concluded that the unit administrator was derelict in his duties in regard to the handling of the unit’s RRMIIP applications and the unit Commanders memorandums requesting a waiver for enrollment.  He concludes by stating that the Board previously denied him enrollment in the RRMIIP, yet another soldier in the same unit was granted relief.  In support of his appeal he submits a memorandum addressed to this Board from the Commander of the 1182nd United States Transportation Terminal Battalion dated 15 October 2000, which indicates that he never received any information regarding the RRMIIP.  He also submits a letter addressed to this Board dated 31 October 2000, to be accepted as the rebuttal to the advisory opinion that was sent to him on 11 May 1999.

4.  The applicant’s military records show that on 17 September 1992, he enlisted in the USAR for 3 years in the pay grade of E-4.  On 3 June 1995, he reenlisted for an additional 6 years.

5. On 14 September 1997, the applicant submitted a DD Form 2746 requesting enrollment in the RRMIIP under the $5,000 option. 

6.  Orders were published on 23 September 1997, ordering him to active duty effective 25 September 1997 for a period not to exceed 270 days.

7.  On 6 June 1998, the Army Reserve Personnel Command (ARPERSCOM) returned his application without action.  The ARPERSCOM stated that the applicant’s appeal packet was incomplete because there was no information included in the packet to substantiate why he was not notified regarding the RRMIIP during the initial enrollment period (1 October 1996 - 31 December 1996).  The ARPERSCOM further stated that there was no Commander’s memorandum explaining why the unit was not briefed at the proper time and there were no endorsements through the chain of command.  The ARPERSCOM provided the applicant with a checklist of documents needed to complete his packet and suggested that he return his completed packet through his chain of command for consideration no later than 30 June 1998.

8.  During the processing of this application an advisory opinion was requested from the RRMIIP Program Manager at the ARPERSCOM.  It opines that the applicant never submitted a complete enrollment packet.  The ARPERSCOM stated that the applicant had missed the original enrollment period and the enrollment application was returned to him with instructions on submitting his case as an appeal.  The ARPERSCOM further stated that the application was later returned by the unit and was still incomplete because the previously requested documents had not been submitted.  The ARPERSCOM recommended that the applicant’s request be denied because he was provided two opportunities to submit the documentation to support his enrollment application and no supporting documents were ever received.

9.  On 11 May 1999, the applicant was provided a copy of the advisory opinion for his information or rebuttal.  During the initial review of his application to this Board, the applicant opted not to submit a rebuttal to the advisory opinion.

10.  On 1 September 1999, the applicant applied to this Board requesting retroactive enrollment in and compensation from the RRMIIP.  This Board denied his request on 15 December 1999 (AR1999025280), because he failed to submit sufficient evidence in support of his application.

11.  The applicant has now submitted a memorandum dated 15 October 2000, from his former Commander that specifically states that he was assigned to the 595th Trailer Transfer Detachment from 24 October 1995 through 11 August 1998 (During the initial enrollment period).  The Commander states that during the applicant’s assignment he did not receive any information regarding the RRMIPP nor did his higher headquarters relay any information to him to brief the applicant. The Commander further states that the unit administrator denied the applicant any information on the RRMIIP to allow him to sign up for or disregard the opportunity to invest in the RRMIIP.

12.  Additionally, the applicant has now opted to submit a rebuttal to the advisory opinion that was furnished to him on 11 May 1999.  The rebuttal is dated 7 September 2000 and in the rebuttal he states, in effect, that he was never briefed or provided information regarding the RRMIIP.  He states that he provided all of the information that was requested to the unit administrator and his RRMIIP enrollment packet was mishandled.  He further states that it was the unit administrator’s job to ensure that the RRMIIP packets were forwarded through the proper channels and during the IG’s investigation, it was discovered that the unit administrator failed to do so.  

13.  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.  Personnel on active duty were not eligible to apply for enrollment in the RRMIIP.

14.  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.

15.  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.

CONCLUSIONS:

1.  The issue in this case is whether or not the applicant was properly briefed on and afforded the opportunity to enroll in the RRMIIP within the prescribed timeframe.  Given the evidence of record and his former commander’s certification that the applicant was not briefed on the RRMIIP, the Board is convinced that the applicant was not properly briefed on the RRMIIP.

2.  The Board notes that the applicant failed to include the proper documents with his initial RRMIIP appeal.  However, he has now submitted the proper documentation and the Board accepts the applicant’s contention that he was not briefed on the program.  He 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 RRMIPP effective 14 September 1997, the date that he submitted his application and was denied coverage through no fault of his own.

3.  As a result, he is entitled to receive RRMIIP benefits at the rate of $5,000 per month for the period of his mobilization (minus the first 30 days).

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 September 1997 under the $5,000 option.

2.  That the individual concerned be afforded the opportunity to submit a DFAS-CL Form 1241/3 (RRMIPP Claim for Mobilization Insurance Benefits) and supporting documents for retroactive payment of RRMIIP benefits, minus any premiums he would have paid had he been properly enrolled on 14 September 1997.

BOARD VOTE:  

___mm__  ____mkp_  __fe____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____Fred N. Eichorn_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000047562	
SUFFIX		
RECON	1999/12/15	
DATE BOARDED	2001/02/15	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  13	101.0000	
2.		
3.		
4.		
5.		
6.