PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 2 May 2002
         DOCKET NUMBER: AR2002069412


         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. Walter T. Morrison		Member
Mr. Christopher J. Prosser		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 three another members of his unit who were also not briefed on the RRMIIP appealed the decision to limit their enrollments to the $1,000 amount and his appeals were granted for the $5,000 maximum amount. He also states that his case is very similar to the other soldiers’ cases, 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 appeal, he submits a copy of a letter from the Defense Finance and Accounting Service (DFAS) dated 22 March 1998 acknowledging receipt of his enrollment application, a copy of a letter from the Acting Assistant Secretary of Defense dated 12 June 1998 regarding funding for the RRMIIP liabilities, a copy of a letter from DFAS dated 10 June 1998 explaining the former President’s supplemental appropriation bill regarding the RRMIIP and a copy of his initial RRMIIP enrollment packet dated 24 September 1997.

4. A review of the available information shows that on 14 August 1997, the applicant’s commander submitted a memorandum to the Directorate of Personnel, AGTX-P, Austin, Texas requesting that the members of the 111^th Area Support Group (ASG) of the Texas Army National Guard be allowed the opportunity to enroll in the RRMIIP. In the memorandum the commander stated that the only opportunity for soldiers to enroll was during drill on 7 December and 8 December 1996, however, the soldiers were on authorized absences and/or other Guard related functions/activities from drill during this period.

5. A review of previous RRMIIP cases reviewed by the Board confirms that the 111^th ASG conducted its RRMIIP briefing on 8 December 1996. A review of previous cases approved by the Board, which include the unit commander, indicate that the members of the unit were not present at the Armory when the briefing was conducted.

6. On 24 September 1997, the applicant submitted a Ready Reserve Mobilization Income Insurance Certificate (DD Form 2746) through his chain of command requesting $5,000 coverage.

7. The applicant was later notified by the National Guard Bureau (NGB) Chief, Personnel Policy, Programs and Manpower that based on their research he had not been briefed regarding the RRMIIP. He was informed that his application for enrollment in the RRMIIP was approved, however only at the $1,000 option.

8. 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. 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.

9. 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.

10. 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.

11. 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 issues 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 verification by the National Guard Bureau and the information obtained from previous cases approved by the Board, which include the unit commander, the Board is convinced that the applicant was not properly briefed on the RRMIIP.

2. His commander submitted a memorandum to the Directorate of Personnel, AGTX-P, Austin, Texas requesting that the members of the 111^th Area Support Group of the Texas Army National Guard be allowed the opportunity to enroll in the RRMIIP as the only opportunity for soldiers to enroll was during drill on 7 December and 8 December 1996 and his soldiers were on authorized absences and/or other Guard related functions/activities from drill during this period.

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, it would be in the interest of justice to enroll him in the RRMIIP under the $5,000 option effective 24 September 1997, the date that he submitted his application and, through no fault of his own, was limited to basic coverage.

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 24 September 1997 under the $5,000 option.

2. That the individual concerned be afforded the opportunity to submit a
DFAS-CL Form 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 for the $5,000 option on 24 September 1997.

BOARD VOTE:

__fe ____ __cjp ___ __wtm___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Fred N. Eichorn______
                  CHAIRPERSON

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INDEX

CASE ID	AR2002069412
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2002/05/02
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.