RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  99-00815
		INDEX NUMBER:  128.04

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His records be corrected to show his entitlement to benefits under the Ready Reserve Mobilization Income Insurance Program (RRMIIP).

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APPLICANT CONTENDS THAT:

Information about the RRMIIP was not adequately presented at the time of sign-up and he was not given all necessary forms.  The DD Form 2746, Ready Reserve Mobilization Income Insurance Certificate, he submitted to the military personnel flight was misplaced and/or dropped by the host site.  His enrollment was, therefore, not processed; no premiums were deducted; and no benefit payments were paid to him.

In support of his appeal, the applicant provided copies of his RRMIIP enrollment form, signed 10 Feb 96, with receipt acknowledged 10 Feb 97; DFAS payment authorization form, signed 11 Feb 98; DFAS benefits claim form, signed 3 Jan 98; DFAS benefits claim form signed 3 Jan 98, with authorization dated 3 Jan 98; orders, dated 5 Nov 97; travel voucher for the period 19 Nov 97 - 21 Mar 98; notification and termination of RRMIIP; e-mails and e-mail delivery notifications, legislative updates and flyers.  In a separate submission via fax, the applicant provided orders, dated 6 Nov 97 (Exhibit A).

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STATEMENT OF FACTS:

Information extracted from the Personnel Data System (PDS) indicates that, on 18 Oct 85, the applicant enlisted in the Air National Guard and Air Force Reserve.  He has been progressively promoted to the grade of technical sergeant, effective 20 Oct 97.  As of the Retirement Year Ending (RYE) 17 Oct 98, he was credited with 13 years of satisfactory Federal service.

Documents provided by the applicant indicate on 6 Nov 97, orders were published directing him to perform active duty in support of “Operation Joint Guard” during the period 19 Nov 97 through 22 Mar 98, at Taszar AB, Hungary.  The cited authority for the active duty was 10 USC 12301(d), NGR (AF) 50-01, and AFI 36-2619.

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AIR FORCE EVALUATIONS:

The XXXXX, Utilization, ANG/DPPU, reviewed this application and recommended approval.  In her opinion, the applicant substantiated he was misinformed and proper processing was not accomplished in a timely manner.  The applicant was not at fault and properly used his chain of command in pursuit of obtaining benefits due him.  The applicant completed the enrollment form, DD Form 2746, RRMIIP Certificate, in accordance with Department of Defense Instruction (DoDI) 1341.10, RRMIIP procedures.  However, he was not provided another required document, DFAS claim form, nor the instructions to complete the form for proper enrollment and premium deductions.  Upon enquiring about his enrollment status, he was erroneously informed the program had insufficient funds and that the program was discontinued.

During the applicant’s deployment to Hungary on a Presidential Selected Reserve Call-up for 123 days, 18 Nov 97 through 21 Mar 98, he discovered that the RRMIIP was still active.  Members were required to be on active duty for 30 days or more before they qualified for benefits.  The applicant elected $2,500 coverage per month, rendering him eligible for a net benefit of $7,341.30.  A complete copy of DPPU’s evaluation is at Exhibit C.

The XXXXXXX, Directorate of Customer Assistance, ARPC/DPS, reviewed this application and recommended denial.  The applicant does not meet the statutory and regulatory criteria for RRMIIP benefits.  The order, dated 6 Nov 97, indicates he was deployed for Operation Joint Guard.  This operation was authorized under Title 10 USC Section 12301(d), not Section 12304, as required for payment.  Section 12301(d) specifically states that the Secretary concerned may, at any time, order a member of a Reserve component under his jurisdiction to active duty, or retain him on active duty, with the consent of that member.  Since this was not an involuntary action, RRMIIP payments are not authorized.  He was not ordered to duty under the Presidential Selected Reserve Call-up as indicated in the ANG/DPPU advisory opinion.  If the Board grants the request, the cost of premiums should be deducted from payments.  ARPC/DPS’ evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Copies of the evaluations were forwarded to the applicant for review and response (Exhibit E).  As of this date, no response has been received by this office.

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of probable injustice.  We noted the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Reserve Personnel Center and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an injustice.  The applicant’s order to perform active duty was authorized under Title 10, USC, 12301(d).  He provided documentation that clearly indicates the Ready Reserve Mobilization Income Insurance Program was established by Congress to provide coverage for Reservists who have been issued an order to involuntary active duty for covered service under the authority of Title 10, USC, Section 12304.  Although the applicant may have been miscounseled as to his eligibility to participate in the program, no premiums were ever deducted from his pay.  Therefore, he suffered no monetary loss.  Unless the applicant submits evidence that his order to perform duty should have been authorized under 10 USC 12304, rather than 10 USC 12301(d), we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered this application in Executive Session on 16 November 1999, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 23 Mar 99, w/atchs, and 
                Applicant’s fax transmission, dated 18 Aug 99.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ANG/DPPU, dated 28 May 99.
    Exhibit D.  Letter, HQ ARPC/DPS, dated 27 Aug 99
    Exhibit E.  Letter, AFBCMR, dated 20 Sep 99.