PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 27 September 2001
         DOCKET NUMBER: AR2001057391


         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. Raymond V. O’Connor, Jr.		Chairperson
Mr. Eric N. Andersen		Member
Mr. Thomas E. O’Shaughnessy, Jr.		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.

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2. The applicant requests reconsideration of his previous request for retroactive enrollment in and compensation from the Ready Reserve Mobilization Income Insurance Program (RRMIIP).

3. The applicant states, in effect, that as a result of an Inspector General investigation, the unit administrator was relieved of his duties for failure to properly submit the unit’s RRMIIP applications. In support of his application he submits a memorandum from his commander that indicates that he had been assigned to the 595^th Trailer Transfer Detachment from 24 October 1995 until 6 March 1999 and that the unit never received any information regarding the RRMIIP program; a copy of his RRMIIP enrollment packet; a copy of orders dated 16 May 1998 releasing him from active duty; and a copy of orders dated 23 September 1997 ordering him to active duty.

4. The applicant’s military records show that on 14 September 1997, while he was assigned to the 595^th Transportation Detachment, the applicant submitted a DD Form 2746 requesting enrollment in the RRMIIP under the $5,000 option.

5. Orders were published on 23 September 1997, ordering him to active duty effective 25 September 1997 for a period not to exceed 270 days. On 16 May 1998, orders were published releasing him from active duty.

6. 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.

7. During the processing of his initial application to this Board an advisory opinion was requested from the RRMIIP Program Manager at the ARPERSCOM. It opined 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 instruction 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.
8. On 11 May 1999, the applicant was provided a copy of the advisory opinion for his information or rebuttal. He failed to submit a response to the advisory opinion.

9. On 12 January 2000, this Board denied the applicant’s request for retroactive enrollment in and compensation from the RRMIIP.

10. On 5 May 2001 the applicant submitted another application to this Board requesting reconsideration of his previous request for retroactive enrollment in and compensation from the RRMIIP. Along with his application he submitted a memorandum from his commander, addressed to this Board, indicating that he had been assigned to the 595^th Trailer Transfer Detachment from 24 October 1995 until 6 March 1999 and that the unit never received any information regarding the RRMIIP program. The memorandum further indicates that the unit administrator denied the applicant the information regarding the RRMIIP, which resulted in his inability to brief his soldiers and to invest in the RRMIIP.

11. During the processing of this application an advisory opinion was requested from the RRMIIP Program Manager at the ARPERSCOM. It opines that the applicant should not be granted retroactive enrollment in and compensation from the RRMIIP. The RRMIIP Program Manager states that the memorandum signed by the applicant’s commander is not clear. The RRMIIP program manager states that either the applicant was not briefed regarding the RRMIIP because the unit did not have any information or the unit had information and did not properly brief the applicant. The RRMIIP program manager recommended that the applicant’s request be denied.

12. On 16 July 2001, the applicant was provided a copy of the advisory opinion for his information or rebuttal. To date there has been no information received from him regarding the opinion.

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 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. Careful consideration has been given to the advisory opinion obtained from the RRMIIP program manager. However, the issue in this case is whether or not the applicant was properly briefed on and afforded the opportunity to enroll in the RRMIIP during the initial enrollment period. Given the evidence of record, which includes the memorandum from the applicant’s commanding officer, the Board is convinced that the applicant was not properly briefed on the RRMIIP.

2. 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 never received 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:

__rvo ___ ___teo __ __ena___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Raymond V. O’Connor, Jr.__
                  CHAIRPERSON

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INDEX

CASE ID	AR2001057391
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2001/09/27
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.