PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            16 July 2002
	DOCKET NUMBER:   AR2002067814

	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:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Donald P. Hupman		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 reconsidered 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 in the amount of $5,000.00 in coverage; however, a determination was made that the maximum he could be enrolled for was $1,000.00.  Consequently, he was denied the amount in which he originally requested.  In support of his application he submits a copy of an RRMIIP Appeal Checklist; a copy of his RRMIIP appeal packet dated 31 October 1997; a copy of his RRMIIP enrollment application dated 31 October 1997; a copy of orders dated 9 July 1997 ordering him to active duty; and a copy of his Unit Record of Reserve Training for the period covering 18 November through 8 December 1996.

4.  The applicant’s military records show that while serving in the rank of major (O-4) in the 111th Area Support Group (ASG) of the Texas Army National Guard (TXARNG), he was ordered to active duty effective 18 July 1997, in support of Operation Joint Endeavor/Guard.  

5.  On 31 October 1997, the applicant submitted a Ready Reserve Mobilization Income Insurance Certificate (DD Form 2746) through his chain of command requesting $5,000 coverage.

6.  On 31 October 1997, the applicant’s commanding officer forwarded a memorandum through his chain of command stating that he recommended approval of and concurred with the applicant’s RRMIIP appeal packet.  His commanding officer stated that although he attended the 7 December and 8 December 1996 unit training assembly, he does not believe that he was present for the unit briefing and the fact that he was coded “P” for “present” should not be construed by reviewers as indicating his presence at the briefing.  The applicant’s commanding officer concluded by stating that the applicant never received a meaningful opportunity to make an informed selection as to whether or not to enroll in RRMIIP.

7.  He was released from active duty on 23 March 1998.   He had completed 8 months and 6 days of total active service during his deployment.

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 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 properly 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, 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 properly 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 23 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 25 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:  

___fe ___  ___mm__  __dh____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Fred N. Eichorn______
		        CHAIRPERSON

INDEX

CASE ID	AR2002067814	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/07/16	
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.