PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 16 July 2002
         DOCKET NUMBER: AR2002067964


         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. Fred N. Eichorn		Chairperson
Mr. Melvin H. Meyer		Member
Mr. Donald P. Hupman		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 unit was never properly briefed regarding the specifics of the RRMIIP. He states that he initially applied for enrollment on 14 December 1996, when he was assigned to the 805^th Military Police Company (MPC), even though the unit had not been properly briefed. He goes on to state that his RRMIIP application was denied and he reapplied for RRMIIP enrollment on 12 July 1997 although no official briefing was ever conducted. He continues by stating that after he was denied enrollment a second time he acquired signatures from his chain of command to prove that his enrollment packet had been submitted and never processed. He concludes by stating that were many soldiers in his unit who were in the exact same situation as he and they have been awarded mobilization insurance as a result of their appeals being approved. In support of his application, he submits a copy of the 805^th Military Police Company Unit Training Schedule for the months of December 1996; a copy of a memorandum dated 15 August 1997, that he submitted through his former commander, to the United States Army Reserve Personnel Center (ARPERCEN) requesting retroactive enrollment in the RRMIIP; a copy of a memorandum from his former commander dated 10 July 1998, requesting that his RRMIIP enrollment application be approved; a copy of a memorandum dated 10 July 1998, from the 805^th MPC Acting Deputy Chief of Staff (Personnel) to the Commander, United States Army Reserve Personnel Command recommending approval of his RRMIIP application; a copy of orders dated 14 August 1997, ordering him to active duty effective 19 August 1997; and a copy of his RRMIIP enrollment packet dated 14 December 1996.

4. The applicant’s military records show that on 14 December 1996, while he was a member of the United States Army Reserve assigned to the 805^th Military Police Company in Raleigh, North Carolina, the applicant submitted a DD Form 2746 requesting enrollment in the RRMIIP under the $5,000 option.

5. Orders were published on 14 August 1997, ordering him to active duty effective 19 August 1997, in support of Operation Joint Endeavor for a period not to exceed 270 days.

6. On 15 August 1997, the applicant submitted a memorandum through his chain of command to ARPERCEN, requesting that his RRMIIP enrollment packet be approved because he was not properly briefed on the specifics of the program and he was allowed only 15 minutes to make a decision. In the memorandum he





stated that the briefing was only 5 minutes long and he never received appropriate literature. The applicant stated that there were no qualified personnel available to address the technical legal specifics of the program and that as a result of the lack of information; he was not equipped to make a competent decision. In the memorandum he concluded by stating that he did complete a single application on 14 December 1996 and in light of the reasons that he presented, he requested that he be allowed to enroll in the RRMIIP.

7. On 18 April 1998, the applicant was released from active duty upon completion of his required service.

8. On 10 July 1998, the applicant obtained a memorandum from his former commander and a memorandum from the Acting Deputy Chief of Staff, Personnel for the 805^th MPC. It appears the memorandums along with the applicant’s RRMIIP enrollment packet were forwarded to ARPERCEN for consideration. However, the record is unclear as to whether or not his enrollment packet was denied or ever processed. Both memorandums recommend that his RRMIIP enrollment packet be approved because he had resubmitted his packet on several occasions for consideration; however, due to no fault of his own, it was never processed.

9. 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.

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.



11. 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 the Board is convinced that he was not properly briefed regarding the specifics of the RRMIIP.

2. His former commander submitted a memorandum requesting that he be allowed the opportunity to enroll in the RRMIIP as he had resubmitted his enrollment packet on several occasions for consideration; however, due to no fault of his own, it was never processed.

3. The fact that his application was never processed is not sufficient justification to deny him the opportunity to enroll in the RRMIIP or to limit the amount of his enrollment. To do so would be denying him an opportunity to be afforded the same benefits that other soldiers were afforded.

4. Therefore, the Board accepts the applicant’s contention that he was not properly 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 him in the RRMIIP under the $5,000 effective 14 December 1996, the date that he submitted his application.

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 14 December 1996 under the $5,000 option.






2. That the individual concerned be afforded the opportunity to submit a DFAS-CL From 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 on 14 December 1996.

BOARD VOTE:

__fe ____ __mm___ ___dh___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Fred N. Eichorn_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002067964
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2002/06/17
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.