PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 21 February 2002
         DOCKET NUMBER: AR2002066301


         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. George D. Paxson		Chairperson
Mr. Thomas A. Pagan		Member
Mr. Melvin H. Meyer		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, 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 rate in which he originally enrolled.

3. The applicant states, in effect, that he originally enrolled in the RRMIIP for the amount of $5,000.00 in coverage; however, by the time he was briefed and enrolled in the RRMIIP he was mobilized and a determination was made at the National Guard Bureau (NGB) that the maximum he could be enrolled for was $1,000.00. Consequently, he was denied the amount in which he originally requested. He further states that another member of his unit who was also not briefed on the RRMIIP appealed the decision to limit his enrollment to the $1,000 amount and his appeal was granted for the $5,000 maximum amount. He also states that his case is very similar to the other soldier’s case, in that he was not afforded the opportunity to be briefed prior to being enrolled and that he should be afforded the benefits that he would have received had he been properly briefed. In support of his application he submits a copy of his enrollment application, his appeal for enrollment, drill attendance records, a memorandum from his commander indicating that he was not briefed on the RRMIIP, his mobilization orders, and a copy of an approved Board proceedings in which a member of his unit, under similar circumstances was granted his full RRMIIP benefits by the Board.

4. The applicant’s military records show that while serving in the rank of captain in the 49^th Armored Division of the Texas Army National Guard (TXARNG), he attended the Combined Arms School 3 (CAS3) in lieu of attending drills during the period of October 1996 to February 1997. Upon completion of CAS3 he was assigned to the 111^th Area Support Group (ASG) of the 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 18 March 1998.

5. Meanwhile, on 20 August 1997, while stationed in Taszar, Hungary, the applicant initiated an application for enrollment in the RRMIIP in the amount of $5,000.00. He also initiated an appeal for enrollment in which his chain of command supported and confirmed that he had not been briefed; however, he was only granted enrollment in the amount of $1,000.00.

6. The case submitted by the applicant is a case previously approved by the Board pertaining to a member of the applicant’s unit that was also not timely and properly briefed on the RRMIIP. Officials at the National Guard Bureau opined in




that case that the applicant had been deprived of the opportunity to enroll at the desired rate through no fault of his own and recommended that he be granted full benefits. The Board approved the applicant’s request to be enrolled at the
$5,000.00 rate vice the $1,000.00 rate. The Board has also approved several other cases involving members of the same unit and has confirmed that the 111^th ASG conducted its only RRMIIP briefing on 8 December 1996.

7. 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.

8. 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.

9. 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.

10. 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 evidence presented in this case, 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 were used 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. Therefore, the Board accepts the applicant’s contention that he was not 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 1 October 1996 (the day the enrollment window opened), 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 18 March 1998, minus the first 30 days, any premiums due from 1 October 1996, and any payments already made.

5. In view of the foregoing, the applicant’s records should be corrected as recommended below.

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RECOMMENDATION: 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, as an exception to policy, effective 1 October 1996 under the $5,000 option, with entitlement to payment at that rate for the period 18 July 1997 to 18 March 1998, minus any premiums he would have paid had he been properly briefed and enrolled on 1 October 1996, minus the first 30 days. and minus any payments already received.

BOARD VOTE:

____gp__ __mm___ __tap ___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____George D. Paxson____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002066301
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2002/02/21
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.