PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            25 March 2003
      DOCKET NUMBER:   AR2002076328


      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.
2.  The applicant requests, in effect, reconsideration of his claim for
benefits under the Ready Reserve Mobilization Income Insurance Program
(RRMIIP) 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 he was eligible for enrollment
in the amount of $1,000.00 per month only.  Consequently, he was denied the
amount in which he originally requested.  In support of his appeal, he
submits a copy of orders dated 9 July 1997, ordering him to active duty; a
copy of an RRMIIP Certificate (DD Form 2746) dated 22 August 1997; a copy
of his RRMIIP enrollment packet dated 29 October 1997; a copy of his
Certificate of Release or Discharge from Active Duty; a copy of a
memorandum from his commander dated 1 November 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 11 March 1998, releasing him from active
duty; a sworn statement dated 18 December 2001, stating that he was not
briefed within the 60 days required after joining his unit; a statement
from his immediate supervisor indicating that he was not given the
opportunity to enroll in the RRMIIP during the December 1996 drill; a
statement from his wife dated 4 July 2002, stating that she was with him at
the unit on 8 December 1996 and neither of them attended any briefing; a
copy of a noncommissioned officer evaluation report and a portion of his
enlistment contract showing that he was serving in the military
occupational specialty of 71L (administrative specialist); and a copy of
Board Proceedings on an individual who was assigned to the same unit as he
and was granted relief.

4.  The applicant’s military records show that while serving in the pay
grade of
E-5 in the 111th 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 25 March 1998. He had served 8 months and 8 days of active
service during this deployment.

5.  On 29 October 1997, the applicant submitted a Ready Reserve
Mobilization Income Insurance Certificate (DD Form 2746) through his chain
of command requesting $5,000.00 coverage.

6.  On 1 November 1997, the applicant’s commanding officer forwarded a
memorandum through his chain of command indicating that the applicant
attended the unit training assembly on 8 December 1996 and spoke to the
unit briefing officer.  His commanding officer stated that he was given the
RRMIIP forms and large packet late in the afternoon and was told that a
quick decision was required.  The memorandum further indicates that the
applicant honestly and reasonably formed the impression that he had to
submit his packet that day and he did not have time to read and fully
understand the program.  The memorandum also indicates that since the
applicant was not allowed the full time to consider the program, he did not
have the opportunity to make a meaningful and informed decision as to
whether or not to enroll in the RRMIIP program.

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.  In an application to this Board dated 18 December 2001, the applicant
requested correction of his records to show that he enrolled in the RRMIIP
at the $5,000.00 rate with entitlement to all back pay.  On 17 June 2002,
this Board denied that applicant’s request based on his failure to submit
sufficient evidence in support of his application.

9.  In correspondence to this Board dated 4 July 2002, the applicant’s wife
states that she was with her husband the entire time that they were at the
unit on 8 December 1996 and that they got their identification cards.  She
states that neither she nor her husband attended any kind of briefing.

10.  On 5 July 2002, the applicant’s first line supervisor faxed
correspondence to this Board confirming that he was not provided the
opportunity to enroll in the RRMIIP during the initial drill (8 December
1996).  The supervisor stated that he also was denied the opportunity to
enroll and that they were not informed that they could submit an appeal
until they were mobilized.  He went on to state that more than 10 personnel
from the 111th ASG have applied to this Board for correction of their
records and relief has been granted.  His supervisor stated, in effect,
that many of the individuals in the unit, including the applicant and
himself went through the same process at the same time and he believes that
denying his request is not justified.

11.  A review of previous RRMIIP cases reviewed by the Board confirms that
the 111th 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.

12.  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.

13.  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.

14.  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.

15.  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 did not
have the opportunity to make a meaningful and informed decision regarding
the RRMIIP and the correspondence provided by his immediate supervisor that
states that neither he nor the applicant were briefed regarding 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 was made.  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.  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, 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 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 through 25 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 $5,000.00 option, with entitlement to payment at that rate
for the period 18 July 1997 through 25 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



                                    INDEX

|CASE ID                 |AR2002067436                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2003/03/25                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  13   |101.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |