PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 18 March 2003
         DOCKET NUMBER: AR2002075304


         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:

Ms. Jennifer L. Prater		Chairperson
Mr. Arthur A. Omartian		Member
Ms. Margaret V. Thompson		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 $5,000.00 rate.

3. The applicant states that upon returning from deployment in April 1998, he reported to Military Personnel Office (MILPO) at Camp Mabry to process his appeal packet. He states that, at that time, he was informed that he did not meet the deadline for processing his appeal packet. He states that he was never informed of any deadline for turning in his appeal packet. In support of his appeal, he submits a copy of his RRMIIP enrollment application dated 26 August 1997; a copy of his sworn statement dated 26 August 1997, in which he states that he was never informed of any type of mobilization insurance nor was he ever briefed of any type of insurance until after he had deployed to Taszar, Hungary; a copy of the orders involuntarily ordering him to active duty effective 18 July 1997; and a copy of the orders releasing him from active duty effective 23 March 1998.

4. The applicant’s military records show that on 18 July 1997, while serving in the pay grade of E-6 at Headquarters State Area Command (STARC) of the Texas Army National Guard (TXARNG), he was transferred to the 111^th Area Support Group (ASG) of the TXARNG. He was immediately ordered to active duty in support of Operation Joint Guard and served until he was released from active duty on 23 March 1998.

5. Meanwhile, on 26 August 1997, while stationed in Taszar, Hungary, the applicant initiated an application for enrollment in the RRMIIP in the amount of $5,000.00. It appears that the applicant mailed his RRMIIP enrollment packet to the MILPO at Camp Mabry on 28 August 1997.

6. On 19 April 2002, the applicant submitted an application to this Board requesting that his claim for benefits under the Ready Reserve Mobilization Income Insurance Program (RRMIIP) be reviewed and that he be paid at the $5,000.00 rate.

7. During the processing of his application an advisory opinion was obtained from the Director, Personnel Actions and Services at the United States Army Reserve Personnel Command (ARPERSCOM), who opined that the applicant should not be afforded the opportunity to enroll in the RRMIIP. The Director indicated that the applicant’s letter stated that he was not informed of the RRMIIP until he demobilized and a review of his RRMIIP enrollment application shows that he completed the application on 26 August 1997, which was prior to his demobilization date. The Director further stated that the applicant had not submitted any memorandums or supporting documentation as to him not being briefed and that after hearing about the program, he should have obtained more information from the proper personnel. The Director went on to state that the applicant did not state that the Commander or Unit Administrator did not have the information, he only stated that he was not briefed and that before applying, he should have consulted with his chain of command as to how to complete the documents and obtain all information pertaining to the insurance. The Director concluded by stating that it was unclear as to what the whole case is based on.

8. On 18 September 2002, the advisory opinion was forwarded to the applicant for his information and possible rebuttal. The applicant submitted a Memorandum For Record (MFR) dated 1 October 2002, stating again that he was transferred from the STARC to the 111^th ASG one day prior to deployment. He further stated that while he was assigned to STARC, he never received a briefing on mobilization insurance and that he was not in the company area at the time of the briefing because he was assigned to the warehouse. In the MFR he stated, in effect, that although he mailed his application after mobilization, he never received an RRMIIP briefing. Along with his MFR, the applicant submitted a MFR from the STARC warehouse supervisor dated 25 September 2002, confirming that the applicant was never briefed regarding the RRMIIP before being deployed with the 111^th ASG in support of Operation Joint Guard. The STARC supervisor stated that during the drill in December 1996, members of his section were assigned to the warehouse and were not in the company area at the time of the briefing.

9. The applicant also submitted an MFR dated 1 October 2002, from a TXARNG major who stated that he was assigned to the 111^th ASG in April 1997, two months before the announcement of mobilization and there was no briefing concerning the RRMIIP. The major further stated that he became aware of the RRMIIP by rumors from some of the unit members; however, the information was unclear and he was informed that the time for signing up for the benefit was expired. He concluded by stating that he did not pay much attention to the rumors and now, five years later, he had learned of the appeal process only by rumors.

10. The applicant submitted an additional statement from a TXARNG master sergeant dated 1 October 2002, confirming that he was assigned to the 111^th ASG 1 day prior to the unit’s deployment and that the unit had been briefed prior to the applicant’s transfer. The master sergeant stated that during the time in question he was the first sergeant of the 111^th ASG and that it was impossible for the applicant to have been briefed regarding the RRMIIP.

11. 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.

12. 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.

13. 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.

14. 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 has reviewed the advisory opinion submitted by the ARPERSCOM. However, the applicant has now provided the necessary supporting documents and 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 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 23 March 1998, minus the first 30 days, minus any premiums he would have paid had he been properly briefed and enrolled on 1 October 1996.

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 1 October 1996 under the $5,000 option, with entitlement to payment at that rate for the period 18 July 1997 to 23 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.

BOARD VOTE:

__jlp____ ___mvt__ __ao____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Jennifer L. Prater_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002075304
SUFFIX
RECON
DATE BOARDED	2003/03/18
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.