PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 20 September 2001
         DOCKET NUMBER: AR2001058862


         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 J. Wagner		Chairperson
Mr. Kenneth W. Lapin		Member
Ms. Paula Mokulis		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 retroactive enrollment in and compensation from the Ready Reserve Mobilization Income Insurance Program (RRMIIP).

3. The applicant states that his application for enrollment in the RRMIIP was submitted within the allotted timeframe and the benefits were not granted. He states that more than one third of the soldiers in his unit have received RRMIIP benefits and the applications were submitted during the same timeframe. In support of his appeal he submits a copy of his RRMIIP enrollment packet dated 26 January 1997; a copy of his deployment orders dated 4 February 1997; a copy of the orders dated 26 September 1997 releasing him from active duty; a copy of a memorandum from his commander to the Commander, United States Army Reserve Personnel Center (ARPERCEN) dated 18 May 1997, requesting approval of his RRMIIP application; and copies of memorandums dated 30 September 1997 and 7 October 1997 addressed to the commander from officers in his chain of command requesting that the unit be granted enrollment in the RRMIIP because the failure to enroll was not fault of the soldiers.

4. The applicant’s military records show that on 22 June 1982, he enlisted in the United States Army Reserve (USAR) for 8 years.

5. On 26 January 1997, while he was assigned to Detachment 1, A Company, 35^th Signal Battalion, the applicant submitted a DD Form 2746 requesting enrollment in the RRMIIP under the $3,500 option.

6. The applicant was ordered to active duty on 26 January 1997 (the same day he submitted his application) in support of Operation Joint Endeavor for a period not to exceed 270 days.

7. On 18 May 1997, in a memorandum to the ARPERCEN, the commander of Headquarters, 65^th United States Army Reserve Command, Fort Buchanan, Puerto Rico requested approval of the applicant’s RRMIIP application. The commander stated that he had soldiers that were currently supporting Operation Joint Endeavor and that they were not receiving RRMIIP compensation.

8. On 30 September 1997 and 7 October 1997, the applicant’s unit and company commanders submitted memorandums to the commander of Headquarters, 65^th United States Army Reserve Command requesting that the soldiers be granted enrollment in the RRMIIP. Both commanders stated that the unit had been deployed in support of Operation Joint Endeavor since February 1997 and that the soldiers were not afforded an opportunity to enroll in the program.


9. On 21 October 1997, the applicant was released from active duty and was returned to HHC 35^th Signal Battalion. He had served 8 months and 26 days of active service during the period of this mobilization.

10. 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 be granted retroactive enrollment in and compensation from the RRMIIP. The RRMIIP Program Manager states that other members of the unit have been afforded the opportunity to enroll and have been receiving payments. The RRMIIP Program Manager further states, in effect, that although the application does not include a letter stating why he was not briefed during the initial enrollment period, the 35^th Signal Battalion Yauco, Puerto Rico manifest shows that the applicant was in the unit and on orders.

11. On 15 August 2001, the applicant was provided a copy of the advisory opinion for his concurrence or rebuttal. On 20 August 2001, the applicant concurred with the advisory opinion that was obtained from the RRMIIP Program Manager.

12. 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. Personnel on active duty were not eligible to apply for enrollment in the RRMIIP.

13. 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.

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 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. The issue in this case is whether or not the applicant was properly and timely briefed on and afforded the opportunity to enroll in the RRMIIP during the initial enrollment period. Given the evidence of record, including the advisory opinion obtained from the RRMIIP Program Manager, the Board is convinced that the applicant’s command denied him the opportunity to enroll in the program on a timely basis.

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 RRMIIP effective 31 December 1996, the date that he would have submitted his application had he been briefed in a timely manner.

3. As a result, he is entitled to receive RRMIIP benefits at the rate of $3,500 per month for the period of his mobilization (minus the first 30 days and any previous RRMIIP payments received).

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 31 December 1996 under the $3,500 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 31 December 1996 and any payments he may have previously received.

BOARD VOTE:

___pm___ ___rjw __ ___kwl __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Raymond J. Wagner____
                  CHAIRPERSON

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INDEX

CASE ID	AR2001058826
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2001/09/20
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.