PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 30 April 2002
         DOCKET NUMBER: AR2001064139


         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
Mr. Jessie B. Strickland		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Mr. Hubert O. Fry, Jr.		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 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 26 October 1995 until 26 October 2001 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 2 October 1997, the applicant’s request for enrollment in the RRMIIP was returned by the RRMIIP Manager at the Army’s Reserve Personnel Command (ARPERSCOM), based on his having missed the original enrollment period, which was between 1 October and 31 December 1996. In this action, the applicant was provided with instructions for submitting his case as an appeal and he was advised of the supporting documentation that should be included with his appeal. This documentation included a statement from him explaining why he was not notified of the RMIIP, when he first joined his unit; a statement from the unit commander who was responsible for the RRMIIP enrollment process, with an explanation for the applicant’s late enrollment request; and endorsements from members of his chain of command.

7. The applicant’s unit again submitted the forms with no supporting documentation and this action was returned on 6 June 1998, and again instructions were provided that explained the necessary justification that was required for a successful appeal.

8. On 10 June 1998, the applicant was honorably released from active duty, after 8 months and 16 days, due to completion of required service. He was returned to his unit in Charleston, South Carolina.

9. The RRMIIP Program Manager at ARPERSCOM, in a previous advisory opinion, stated that neither the soldier or his unit commander ever provided documentation to support of the applicant’s request for enrollment in the RRMIIP. Even though the applicant was on initial active duty for training during a portion of the initial enrollment period, the unit commander still had an obligation to notify the applicant of the RRMIIP and his options within 60 days of his release from IADT. Furthermore, the applicant had been given multiple opportunities to provide the necessary documents to justify his request for RRMIIP, but had failed to respond; therefore, he recommended that this Board deny the applicant’s request based on the lack of documentation to support his late enrollment.

10. On 27 September 2001, after two previous denials, the Board granted relief to the applicant’s commander for payment of RRMIIP benefits after he finally provided supporting documentation from his commander to show that he and the members of his unit had not been properly and timely briefed.

11. The statement submitted by the applicant with his application is authored by his commander at the time and affirms that he was not provided any information regarding the RRMIIP and thus was denied the benefit because of a failure by the unit administrator.

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.

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 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:

___teo __ ___hof __ __ao____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Arthur A. Omartian_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2001064139
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2002/04/30
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.