PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 4 March 2003
         DOCKET NUMBER: AR2002078168


         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. Raymond J. Wagner		Chairperson
Mr. William D. Powers		Member
Ms. Linda M. Barker		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, in effect, that he was not present for the RRMIIP briefing because the only briefing that his unit received was conducted in December 1996 and he was at military occupational specialty (MOS) school when the briefing was held. He states that in July 1997, his unit was mobilized to Taszar, Hungary and while he was deployed he was notified that soldiers who had not previously received the opportunity to apply for the RRMIIP could do so. He states that he was mistakenly informed that soldiers in his status were eligible to apply for only $1,000.00 per month in benefits; therefore, his application was based on misinformation. He states that he is now aware that he was eligible to apply for RRMIIP benefits in the amount of $5,000.00 per month and he would like to have his records corrected accordingly. He concludes by stating that this Board has approved application from other members of his unit that have made similar requests. In support of his application, he submits a copy of orders dated 9 July 1997, ordering him to active duty effective 18 July 1997; a copy of an Academic Evaluation Report (AER) dated 20 July 1997; copies of e-mail that were sent to the personnel service noncommissioned officer dated 15 September 1997 and 11 October 1997, providing the status of the RRMIIP and indicating that he was only eligible to apply for RRMIIP benefits in the amount of $1,000.00 per month; a copy of his RRMIIP enrollment packet dated 27 October 1997; a copy of a memorandum dated 28 October 1997, that he forwarded through his chain of command requesting approval of his RRMIIP application; a copy of a memorandum from his former commanding officer to The Adjutant General for the state of Texas dated 31 October 1997, recommending approval of his RRMIIP enrollment packet; a copy of orders dated 11 March 1998, releasing him from active duty effective 27 March 1998; a copy of his Certificate of Release or Discharge from Active Duty (DD Form 214); a memorandum from his current commander dated 18 June 2002, recommending that his appeal to this Board be approved; and a copy of a sworn statement dated 20 July 2002 from a noncommissioned officer stating that he was the point of contact during the 111^th Area Support Group deployment to Taszar, Hungary and that he misinformed the members of the unit by reporting to them that they could only apply for $1,000.00 in RRMIIP benefits.

4. The applicant’s military records show that while serving in the pay grade of
E-8 in the 111^th Area Support Group (ASG) of the Texas Army National Guard (TXARNG), he was ordered to active duty on 18 July 1997 in support of Operation Joint Endeavor/Guard.

5. On 28 October 1997, the applicant submitted a memorandum along with his RRMIIP enrollment packet dated 27 October 1997, through his chain of command requesting that he be allowed to enroll in the program at the $1,000.00 rate because he was not present for the briefing on 8 December 1996. He stated that he was excused from attending the drill because he was in the first month of his MOS training as an automated logistical specialist and that the training was scheduled to continue through 20 July 1997.

6. The supporting memorandum from the applicant’s unit commander is dated 31 October 1997 and confirms that the applicant was not present at the time that the RRMIIP briefing was conducted in his unit on 7 December and 8 December 1996. The commander’s memorandum confirms the applicant’s contention that he was attending an MOS course and that MOS schools were not required to and did not conduct briefings regarding the RRMIIP. The commander stated that the applicant did not have the opportunity to make a meaningful and informed decision as to whether or not to enroll in the RRMIIP through not fault of his own. The commander recommended approval of his request for enrollment in the RRMIIP.

7. The applicant was released from active duty on 27 March 1998.

8. In a sworn statement dated 20 July 2002, the former personnel sergeant for the 111^th ASG stated that he was responsible for processing mobilization insurance packets for unit members from July 1997 until March 1998. The sergeant stated that he misinformed the members of the 11^th ASG because he was under the impression that soldier’s could only apply for $1,000.00 per month for RRMIIP benefits. The sergeant stated that he obtained his information via verbal conversations with other soldiers.

9. A review of previous RRMIIP cases that were considered by the Board confirms that the 111^th ASG conducted its RRMIIP briefing on 8 December 1996.

10. 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.

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 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.

12. 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.

13. 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 on 8 December 1996 when the unit was briefed on 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 briefed and that if any members were not present for the briefing that all reasonable means to contact those personnel to ensure that they were made aware of the benefits available to them were attempted. 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 timely or thoroughly 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 was 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 to 27 March 1998, minus the first 30 days, any premiums due from December 1996, and any payments already made.

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 8 December 1996 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 8 December 1996 and any payment already made.

BOARD VOTE:

__rjw ___ __wdp __ ____lb __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Raymond J. Wagner____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002078168
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2003/03/04
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.