PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            10 July 2003
	DOCKET NUMBER:   AR2002082935

	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. Roger W. Able		Chairperson	
	Mr. Larry C. Bergquist		Member	
	Ms. Barbara J. Ellis		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 he never received a briefing regarding the RRMIIP until the unit was mobilized.  He states that at the time that he submitted his application, he was informed that soldiers, who had not applied for the RRMIIP prior to 1 January 1997, were limited to RRMIIP benefits in the amount of $1,000.00 per month.  He concludes by stating that he is now aware of the fact that he was eligible to enroll for RRMIIP coverage in the higher option and he requests that his records be corrected to reflect that he elected RRMIIP coverage at the $5,000.00 per month rate.

4.  The applicant’s military records show that he was assigned to the 111th ASG, serving in the rank of lieutenant colonel in the TXARNG, when he was ordered to active duty on 18 July 1997, in support of Operation Joint Guard.

5.  The applicant completed an RRMIIP enrollment packet on 27 September 1997, requesting that he be enrolled in the RRMIIP at the $1,000.00 per month option.

6.  On 28 September 1997, he forwarded his RRMIIP enrollment packet through his chain of command via memorandum, requesting approval of his appeal for RRMIIP enrollment at the $1,000.00 per month option.  Along with his appeal he submitted a sworn statement dated 22 August 1997, contending that he was not informed of the RRMIIP.  He stated that he attended the training on 7 December and 8 December 1996 and at no time did he hear of or attend a briefing of the RRMIIP.  He went on to state that the first time that he was made aware that the program existed was sometime in February or March 1997.  He concluded his sworn statement by stating that when he expressed an interest in learning the details concerning the RRMIIP, he was told that he no longer qualified for the program because the enrollment window expired on 31 December 1996.

7.  The supporting memorandum from the applicant’s unit commander is dated 11 October 1997 and confirms that the applicant was not briefed regarding the RRMIIP.  The commanding officer stated that as the Director of Security, Plans and Operations, the applicant was extremely busy during all drill assemblies and that he had no independent basis to question his statement that he never heard of nor attended the unit briefing.  The commander concluded by stating that it was their common understanding that the program enrollment eligibility expired on 31 December 1996.  

8.  The evidence of record is unclear as to when he began receiving RRMIIP benefits; however, the evidence indicates that he was receiving RRMIIP benefits in the amount of $1,000.00 per month.

9.  Orders were published on 9 April 1998, releasing him from active duty effective 13 April 1998.

10.  On 20 September 2002, the applicant submitted an application to this Board requesting that his records be corrected to show an application for enrollment in the RRMIIP at the $5,000.00 per month option.  In his application, he states that he has been a member of the Texas Army National Guard (TXARNG) 111th Area Support Group (ASG) since August 1996.  He states that in December 1996, members of the 111th ASG received a briefing on the provisions and benefits of the RRMIIP; however, at no time did he receive a briefing nor was he aware of a briefing regarding the RRMIIP until the unit was mobilized.  He states that at the time that he submitted his application, he was misinformed that soldiers, who had not applied for the RRMIIP prior to 1 January 1997, were limited to a $1,000.00 per month benefit as opposed to the maximum benefit of $5,000.00 per month.  He states that as a result of the misinformation, he applied for RRMIIP benefits in the amount of $1,000.00 per month and that he respectfully requests that his records be corrected to show that he applied for RRMIIP benefit in the amount of $5,000.00 per month.

11.  On 21 November 2002, an advisory opinion was obtained from the Chief, Personnel Division, Departments of the Army and the Air Force National Guard Bureau.  That office recommended that the applicant’s request to this Board be approved based on the statements made by his chain of command verifying that he was not afforded the opportunity to be briefed concerning his options, and to choose accordingly for the RRMIIP.  On 3 March 2003, a copy of the advisory opinion was forwarded to the applicant for his comments and he concurred with the advisory opinion on 17 May 2003. 

12.  A review of previous RRMIIP cases that were considered by the Board confirms that the 111th ASG conducted its RRMIIP briefing on 8 December 1996.

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.

14.  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 an 
administrative appeal process to Reserve Component soldiers who believed that they were wrongfully denied an opportunity to enroll.  All appeals had to be received in complete form as of 30 June 1998.

15.  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 that during the period in which eligible members of the Reserve components who were members prior to the establishment of the RRMIIP are being offered an opportunity to enroll for coverage, such members being called to active duty for a period of covered service prior to having had the 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 reasonable means to contact those personnel to ensure that they were made aware of the benefits available to them were attempted.  The Board finds no evidence to show that any such effort was made in regards to the RRMIIP.

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, 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 13 April 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 $5,000.00 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 $5,000.00 option on 8 December 1996.

BOARD VOTE:  

___be___  ___lb ___  __ra ____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____Roger W. Able______
		        CHAIRPERSON

INDEX

CASE ID	AR2002082935	
SUFFIX		
RECON		
DATE BOARDED	2003/07/10	
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.