PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            21 February 2002
	DOCKET NUMBER:   AR2002066429

	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. George D. Paxson		Chairperson	
	Mr. Thomas A. Pagan		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, retroactive enrollment in and compensation from the Ready Reserve Mobilization Income Insurance Program (RRMIIP).

3.  The applicant states, in effect, that at the time his unit received the briefing on the RRMIIP, he had been detailed to another location to prepare a Christmas dinner for the unit’s Christmas party and was never offered the opportunity to enroll in the RRMIIP.  He further states that by the time he discovered that he was eligible to enroll, he submitted his application for enrollment at the $5,000.00 rate; however, it was only approved at the $1,000.00 rate.  In support of his application he submits documents from his chain of command, which attests that he was not briefed on the RRMIIP within the prescribed timeframe.

4.  The applicant’s military records show that while serving in the pay grade of   E-8 in the Texas Army National Guard (TXARNG), orders were published on      9 July 1997 which mobilized him effective 18 July 1997, for a period not to exceed 270 days, in support of Operation Joint Guard.  He served until he was released from active duty on 7 April 1998.  On 22 APRIL 1998, he was transferred to the United States Army Reserve Control Group (Reinforcement).
	
5.  Meanwhile, on 29 October 1997, while deployed to Hungary, he submitted an application for enrollment in the RRMIIP in the amount of $5,000.  His chain of command verified that he had not been briefed in December 1996 and recommended that his application be approved.  The applicant’s request was approved in the amount of $1,000.00 per month by the National Guard Bureau on 28 January 1998. 

6.  The statement submitted by the commander in support of the applicant’s request attests to the fact that the applicant was in fact present in a location other than the unit at the time the RRMIIP briefing was conducted, that he was preparing the Christmas meal for the unit’s Christmas party, and that the RRMIIP briefing was conducted only once in that unit and that it was on the 8 December 1996 drill in question.  He further opined that the applicant had not been briefed or properly afforded the opportunity to enroll in the RRMIIP. 

7.  The Board previously approved a case pertaining to a member of the applicant’s unit that was also preparing the unit’s Christmas meal at another location on 8 December 1996 and who was not timely and properly briefed on the RRMIIP.  The Board has also approved several other cases involving members of the same unit and has confirmed that the 111th ASG conducted its only RRMIIP briefing on 8 December 1996.

8.  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) was1 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.

9.  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.

10.  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 evidence in this case, 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 8 December 1996 (the day the unit conducted its only briefing), 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 $5,000.00 per month for the period 18 July 1997 to 7 April 1998, minus the first 30 days, any premiums due from 8 December 1996, and any payments already made.

4.  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 7 April 1998, minus any premiums he would have paid had he been properly briefed and enrolled on 8 December 1996, minus the first 30 days, and minus any payments already received.

BOARD VOTE:  

___gp___  __mm ___  ___tap__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____George D. Paxson____
		        CHAIRPERSON

INDEX

CASE ID	AR2002066429	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/02/21	
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.