PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            1 August 2002
	DOCKET NUMBER:   AR2002071907

	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. Samuel A. Crumpler		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Regan K. Smith		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 $5,000.00 rate.

3.  The applicant states, in effect, that the only briefing that he received regarding the RRMIIP was on 31 October 1997, after he had already been deployed which made him ineligible for maximum coverage.  He states that it was during the 31 October 1997 briefing that he was informed that the maximum amount that he could enroll in the RRMIIP for was $1,000.00 because the National Guard Bureau (NGB) had set a maximum dollar amount of $1,000.00 per month for anyone who did not enroll in the RRMIIP when it was initially offered to the unit.  He states he was told that if anyone did appeal at a higher rate than what was set by NGB, the appeal would be denied.  In support of his application, he submits orders dated 9 July 1997, ordering him to active duty effective 18 July 1997; a copy of a sworn statement dated 31 October 1997, stating that he missed the RRMIIP briefing because the unit had a Christmas party on 8 December 1996, the same day as the briefing; a copy of a letter from his wife’s employer dated 27 October 1997, stating, in effect, that she was at work on 8 December 1996, from 7:00 am to 12:00 pm; a copy of a memorandum dated 9 February 2002, from the applicant’s former personnel sergeant indicating that he was informed by The Adjutant General (TAG) for the state of Texas that soldiers could only apply to enroll in the RRMIIP for $1,000.00 per month; a copy of this Board’s Proceedings granting relief to another soldier in his unit, a copy of a memorandum from his commanding officer to TAG for the state of Texas dated 31 October 1997, recommending approval of the applicant’s appeal for RRMIIP enrollment; a copy of his RRMIIP enrollment packet dated 31 October 1997; a copy of a memorandum dated 31 October 1997, that he forwarded through his chain of command requesting approval of his RRMIIP appeal; a copy of the Unit Record of Reserve Training for 8 December 1996; a copy of an RRMIIP Appeal Checklist; a copy of orders dated 11 March 1998, releasing him from active duty effective 23 March 1998; and a copy of his Certificate of Release or Discharge from Active Duty (DD Form 214).

4.  The applicant’s military records show that while serving in the pay grade of 
E-4 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 20 March 1998.

5.  On 31 October 1997, the applicant submitted a memorandum along with his RRMIIP enrollment packet through his chain of command requesting that he be allowed to enroll in the program at the $1,000.00 rate because he was not present for the briefing on 8 December 1996 and because he did not receive a briefing until 31 October 1997.

6.  The supporting statement from the applicant’s unit commander is dated 31 October 1997 and confirms that the applicant was not present at the time that the RRMIIP briefing was conducted in his unit on 8 December 1996.  The commander indicates that the applicant was excused from the briefing in order to transport his wife and that he was not able to attend the unit training assembly.  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.  The commander recommended approval of his request for enrollment in the RRMIIP.

7.  In a Memorandum for Record dated 9 February 2002, the former personnel sergeant for the 111th ASG stated that he was responsible for processing mobilization insurance packets for unit members from 19 July 1997 until March 1998.  The sergeant stated that TAG for the state of Texas informed him that soldiers could only apply for RRMIIP enrollment in the amount of $1,000.00 per month because of NGB guidelines.

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 the 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 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.  The Board accepts the applicant’s contention that he was not timely or thoroughly 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 20 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:

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 8 December 1996 under the $5,000 option.

2.  That the individual concerned be afforded the opportunity to submit a DFAS-CL Form 1241/3 (RRMIIP 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 for the $5,000 option on 8 December 1996 and any payment already made.

BOARD VOTE:  

___sac__  ___mm __  __rks ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Samuel A. Crumpler____
		        CHAIRPERSON

INDEX

CASE ID	AR2002071907	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/08/01	
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.