PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 17 June 2003
         DOCKET NUMBER: AR2002081287


         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, 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 has been a member of the Texas Army National Guard (TXARNG) assigned to the 111^th Area Support Group (ASG) since September 1996 and that at no time did he receive a briefing regarding the RRMIIP until the unit was mobilized. He states that, after the unit mobilized, soldiers that had not received RRMIIP briefings during December 1996 were afforded an opportunity to apply for RRMIIP benefits and he applied in September 1997 at the $5.000.00 per month rate. He states that so far he has only received RRMIIP benefits in the amount of $1,000.00 per month and that he is now aware that he should have been receiving RRMIIP benefits in the amount of $5,000.00 per month as originally requested. In support of his application he submits, a copy of orders dated 23 June 1997, ordering him to active duty effective 18 July 1997; a copy of his RRMIIP enrollment packet dated 27 September 1997; a copy of a memorandum to his commanding officer dated 10 October 1997, requesting approval of his RRMIIP appeal packet; a copy of a memorandum from his commanding officer dated 11 December 1997, concurring with his RRMIIP appeal packet; and a copy of order dated 11 March 1998, releasing him from active duty effective 26 March 1998.

4. The applicant’s military records show that was assigned to the 111^th ASG serving in the rank of master sergeant in the TXARNG when he was ordered to active duty effective 18 July 1997 in support of Operation Joint Guard.

5. The applicant submitted a RRMIIP enrollment packet, dated 27 September 1997, requesting that he be enrolled in the RRMIIP at the $5,000.00 per month option. The evidence of record is unclear as to when he began receiving RRMIIP benefits; however, the evidence of record shows that he was receiving RRMIIP benefits in the amount of $1,000.00 per month.

6. He submitted a memorandum dated 10 October 1997, through his chain of command requesting approval of his appeal for RRMIIP enrollment at the $5,000.00 per month option. Along with his appeal he submitted a sworn statement contending that he was not informed of the RRMIIP. He stated that he was the food service supervisor of the unit during the December 1996 drill and that he spent the whole time preparing for the unit Christmas dinner. He stated that his unit was not briefed regarding the RRMIIP as the person who was to give the briefing did not show up. He stated that he was later informed that the unit was not briefed regarding the RRMIIP as the program was already broke. In the sworn statement the applicant stated that he believed that the unit was being unjustly penalized for not knowing about the RRMIIP. As per National Guard Bureau memorandum dated 7 March 1997, those who were mobilized but were not briefed prior to M-Day would be given a one time opportunity to elect enrollment in the RRMIIP at the $1,000.00 per month option. He concluded by stating that it was his understanding that all members of the TXARNG should have been formally briefed regarding the RRMIIP and that he had no knowledge of the RRMIIP until after he arrived in Tazar, Hungary, on 31 July 1997.

7. The supporting memorandum from the applicant’s unit commander is dated 11 December 1997 and confirms that the applicant was not present at the RRMIIP briefing in December 1996. In the commander’s memorandum he states that his findings indicate that the applicant was involved in food services during the December 1996 unit training assembly. The commander went on to state that the applicant had proven to be a soldier of honesty and integrity since arriving at the 111^th ASG; therefore, he had no reason to doubt his narrative. The commander stated that, in his position, the applicant was dedicated to the preparation of the Christmas Meal and did not receive a briefing regarding the RRMIIP at that time or subsequently during the window of opportunity for enrollment. The commander concluded by stating that the applicant never had a timely opportunity to make a knowledgeable and meaningful decision as to whether or not to enroll in the RRMIIP.

8. The applicant was released from active duty on 26 March 1998.

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 applicant.

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, 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 to 26 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 $5,000.00 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	AR2002081287
SUFFIX
RECON
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.