PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 March 2003
         DOCKET NUMBER: AR2002074094


         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. John N. Slone		Chairperson
Mr. Melvin H. Meyer		Member
Mr. John T. Meixell		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 reconsidered 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 in the amount of $3,000.00 in coverage; however, a determination was made that the maximum he could be enrolled for was $1,000.00. Consequently, he was denied the amount in which he originally requested. In support of his application he submits a copy of his RRMIIP appeal packet dated 20 October 1997; a copy of his RRMIIP enrollment application dated 20 October 1997; a copy of orders dated 9 July 1997 ordering him to active duty; a copy of a memorandum from his commander dated 11 December 1997, recommending approval of his RRMIIP appeal packet; a copy of a letter from the Department of the Army and Air Force National Guard Bureau dated 25 February 1998, indicating that he is entitled to only $1,000.00 per month for his participation in the RRMIIP; a copy of orders dated 12 March 1998, releasing him from active duty; and a copy of his Certificate of Release from Active Duty.

4. The applicant’s military records show that while serving in the rank of Major in the 111^th Area Support Group (ASG) of the Texas Army National Guard (TXARNG), he was ordered to active duty effective 18 July 1997, in support of Operation Joint Endeavor/Guard and served until he was released from active duty on 16 March 1998. He had served 7 months and 29 days of active service during this deployment.

5. On 20 October 1997, the applicant submitted a Ready Reserve Mobilization Income Insurance Certificate (DD Form 2746) through his chain of command requesting $3,000.00 coverage.

6. On 11 December 1997, the applicant’s commanding officer forwarded a memorandum through his chain of command stating that he recommended approval of and concurred with the applicant’s RRMIIP appeal packet. His commanding officer stated that he did not attend the unit briefing conducted at the December 1996 unit training assembly through no fault of his own. His commander further stated that he was erroneously informed in January 1997 that he could not enroll in the program. His commanding officer concluded by stating that since the unit was not made aware of the extension of enrollment period through February 1997, the applicant was deprived of an opportunity to make a decision as to whether or not to enroll in the RRMIIP.

7. On 25 February 1998, he was notified by the 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 $1,000.00 option.

8. A review of previous RRMIIP cases reviewed by the Board confirms that the 111^th ASG conducted its RRMIIP briefing on 8 December 1996 and that many of the members were either not properly briefed or were not briefed at all.

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 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 the 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.

11. 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.

12. 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 commander’s certification that the applicant was not briefed and that he was deprived an opportunity to make a decision whether or not to enroll in the RRMIIP, 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 properly briefed and that if any members were not present for the briefing that all available means to contact those personnel to ensure that they were briefed were used. The Board finds no evidence to show that any such effort was made in regards to the RRMIIP. Therefore, the Board finds that an exception to policy in this case is warranted.

3. 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, as an exception to policy, it would be in the interest of justice to enroll the applicant in the RRMIIP effective 8 December 1996 (the day the unit was briefed), when a proper briefing should have been conducted and prior to the date the 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 $3,000.00 per month for the period 18 July 1997 through 16 March 1998, minus any premiums he would have paid had he been properly briefed and enrolled on 8 December 1996, minus any payments already received.

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

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 8 December 1996, under the $3,000 option, with entitlement to payment at that rate for the period 18 July 1997 through 16 March 1998, minus any premiums he would have paid had he been properly briefed and enrolled on 8 December 1996, minus the first 30 days, and minus any payments already received.

BOARD VOTE:

___mm__ __js_____ __jm____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _____John N. Slone______
                  CHAIRPERSON

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INDEX

CASE ID	AR2002074094
SUFFIX
RECON
DATE BOARDED	2003/03/25
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 13	101.0000
2.
3.
4.
5.
6.