PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 17 June 2003
         DOCKET NUMBER: AR2002080256


         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. Hubert O. Fry		Member
Ms. Marla J. Troup		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, retroactive enrollment in and compensation from the Ready Reserve Mobilization Income Insurance Program (RRMIIP).

3. The applicant states that he enrolled in the RRMIIP after seeing an article in the National Guard Magazine. He states, in effect, that he mailed his RRMIIP enrollment packet along with a personal check for the first premium payment to the Defense Finance and Accounting Service (DFAS), which were eventually returned to him along with a letter stating that money was not available for the program at that time; therefore he never received any benefits from his attempt to enroll in the RRMIIP. He states that his commanding officer also received information stating that the program was “broke”. In support of his application, he submits a copy of his RRMIIP Certificate dated 18 December 1996; a copy of a letter from DFAS dated 17 January 1997, acknowledging receipt and processing of his RRMIIP enrollment packet; a copy of a letter from the Office of the Assistant Secretary of Defense (OASD) dated 27 January 1997; a copy of a letter from the OASD dated 5 March 1997; a copy of orders dated 9 July 1997, ordering him to active duty effective 18 July 1997; a copy of his Certificate of Release or Discharge from Active Duty; a copy of an undated memorandum from the 111^th ASG ordinance officer attesting to the fact that the applicant was not present during the RRMIIP briefing; and a copy of Board Proceedings of another soldier that applied to this Board.

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 submitted an RRMIIP enrollment packet requesting that he be enrolled in the program at the $5,000.00 option.

5. The DFAS, by letter dated 17 January 1997, acknowledged receipt and processing of the applicant’s enrollment in the RRMIIP.

6. On 27 January 1997, the applicant received a letter from the OASD indicating that the Department of Defense (DOD) was forced to temporarily reduce benefits under the RRMIIP for Reservists involuntarily ordered to active duty in support of operations in Bosnia. The OASD letter described that the action was required by law when liabilities exceeded assets in the insurance fund. The OASD letter indicated that full benefits would be paid; however, they had been temporarily deferred and DOD was requesting special appropriation from Congress to cover the unfunded liability, which would allow DFAS to pay full benefits to eligible Reservists as soon as the funds were appropriated.

7. On 5 March 1997, the OASD informed the applicant that the fiscal year 98 Special Supplemental request to address the shortfall in the RRMIIP funds had been sent to Congress. The OASD informed him that once a decision was made to grant the appropriation, full benefits would be paid to eligible Reservists.

8. Orders were published dated 9 July 1997, ordering the applicant to active duty effective 18 July 1997, in support of Operation Joint Guard. After he completed 8 months and 7 days of total active service for this period, he was released from active duty on 24 March 1998.

9. In an undated memorandum the applicant’s commanding officer confirms that during the 7 December and 8 December 1996 drill the applicant was present for duty; however, he was assigned to various tasks in preparation for family day activities. The commander stated the applicant was not present for the briefing nor was he advised of the briefing. The commanding officer went on to state that the briefing was presented to approximately twelve out of one hundred soldiers and that he, along with many other members, was released from drill at 1500 hours. The applicant’s commanding officer concluded by stating that the briefing was allegedly held at 1600 hours on 8 December 1996, and that the applicant was not afforded the opportunity to accept or decline the mobilization insurance.

10. In an application to this Board dated 22 February 2002, the applicant requested retroactive enrollment in and compensation from the RRMIIP. However, his request was administratively closed as he failed to submit a statement from his commanding officer to support his contention that he was not properly briefed.

11. 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.

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 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 applicant. Therefore, the Board finds that an exception to policy in this case is warranted.

3. The Board is unclear as to why the applicant never received any RRMIIP benefits once he was involuntarily ordered to active duty. However, 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, 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.

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 24 March 1998, minus the first 30 days, and any premiums due from December 1996.

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 $5,000.00 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 $5,000.00 option on 8 December 1996.

BOARD VOTE:

___fe ___ ___hof __ __mt____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _____Fred N. Eichorn_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002080256
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2003/06/17
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.