PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 31 July 2003
         DOCKET NUMBER: AR2003088415


         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. Gail J. Wire		Chairperson
Ms. Karen A. Heinz		Member
Mr. Robert Duecaster		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 retroactive enrollment in and compensation from the Ready Reserve Mobilization Income Insurance Program (RRMIIP).

3. The applicant states that he received his official briefing regarding the RRMIIP on 12 July 1997 when the 3220^th General Support Unit conducted the Safeguard Readiness Posture for the 805^th mobilization process. He states that he completed the proper forms and forwarded them through the proper channel. He states that, in cases similar to his, this Board, based on the unit commander stating that there was no official briefing given until 12 July 1997, has approved the cases. He concludes by asking why some of the soldiers received RRMIIP benefits and others did not when all of the soldiers in his unit filled out their applications at the time that the official briefing was held. In support of his application, he submits a copy of a memorandum from the RRMIIP Program Manager dated 16 June 1998; a copy of his RRMIIP enrollment packet dated 12 July 1997; a copy of the orders dated 24 August 1997 ordering him to active duty with a reporting date of 19 August 1997; an undated memorandum addressed to the RRMIIP Program Manager requesting, in effect, the status of this RRMIIP enrollment packet; a copy of a memorandum from his former commander dated 31 July 1998, stating that he was not properly briefed regarding the RRMIIP; copies of memorandums from individuals in his chain of command requesting approval of the RRMIIP enrollment packets from the soldiers in the 805^th Military Police (MP) Company; a copy of his Certificate of Release or Discharge (DD Form 214) releasing him from active duty; and copies of his unit record of Reserve training for the months of October, November and December 1996.

4. The applicant’s military records show that on 21 August 1985, he enlisted in the United States Army Reserve (USAR) for 8 years, in the pay grade of E-3 and he remained in the USAR through a series of reenlistments. During the initial RRMIIP enrollment period he was assigned to the 805^th MP Company in Raleigh, North Carolina.

5. On 12 July 1997, the applicant submitted a DD Form 2746 requesting enrollment in the RRMIIP under the $5,000.00 option.

6. The commanding officer forwarded his enrollment pack along with others through his chain of command to the Commander 81^st Regional Support Command requesting that the enrollment packets be approved. The commander indicated that the soldiers were told that if an official declination had not been made, they could sign up for the program and since the soldiers had never officially declined the offer, the requests for RRMIIP should be approved.




7. Orders were published on 24 August 1997, ordering him to active duty effective 19 August 1997 for a period not to exceed 270 days. On 20 April 1998, the applicant was released from active duty upon completion of his required service.

8. On 16 June 1998, the RRMIIP Program Manager returned the applicant’s RRMIIP enrollment packet without action for missing the enrollment cutoff date. The Program Manager indicated that if the applicant wished to appeal the decision, he should submit a Memorandum for Record (MFR) through his commander and his chain of command detailing why he was not notified during the initial enrollment period. The Program Manager further indicated that the MFR should be as detailed as possible and indicate when the unit was notified regarding the RRMIIP.

9. On 31 July 1998, the former Commander, 805^th MP Company submitted a memorandum (To Whom This May Concern) supporting the applicant’s contentions that he was not properly briefed on the RRMIIP during the initial enrollment period. The commander stated that the program was mentioned to the applicant by another soldier in the 805^th MP Company who saw the article in the Soldier’s Magazine and copies were made of the application and passed out to some of the unit members. The commander went on to state that no official explanation of the program was rendered and that the program was not described in a classroom setting. The former commander also submitted a memorandum along with the RRMIIP enrollment packets of the soldiers in his unit through his chain of command, to the Commander, 81^st Regional Support, requesting approval of the packets. The commander indicated that the soldiers were told that if an official declination had not been made, they could sign up for the program during this period and since the soldiers had never officially declined the offer approval was requested.

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 an administrative appeal process to Reserve Component soldiers who believed that they were wrongfully denied an opportunity to enroll. All appeals had to be received in complete form as of 30 June 1998.

12. 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 that during the period in which eligible members of the Reserve components who were members prior to the establishment of the RRMIIP are being offered an opportunity to enroll for coverage, such members being called to active duty for a period of covered service prior to having had the 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. The Board is convinced that the applicant was not properly briefed on the RRMIIP.

2. His commander for the period covering 1 October 1996 through 31 December 1996 submitted a memorandum requesting that he be allowed the opportunity to enroll in the RRMIIP as the only information that was obtained regarding the RRMIIP was distributed by a fellow soldier who saw an article in the Soldier’s Magazine. The Board has determined that collection of information obtained from the Soldier’s Magazine is not a briefing that would have allowed the applicant to make an informed decision regarding the program.

3. The Board is clear on the fact that he was not properly briefed prior to being mobilized. To deny him the opportunity to enroll in the RRMIIP or to limit the amount of his enrollment would be denying him an opportunity to be afforded the same benefits that other soldiers were afforded.

4. 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, it would be in the interest of justice to enroll him in the RRMIIP under the $5,000.00 option effective 12 July 1997, the date that he submitted his application and, through no fault of his own, was denied.

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 12 July 1997 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 on 12 July 1997.

BOARD VOTE:

___gw___ ___rd ___ ___kh___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ______Gail J. Wire______
                  CHAIRPERSON

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INDEX

CASE ID	AR2003088415
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2003/07/31
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.