MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            22 July 1999
	DOCKET NUMBER:   AR1998012411

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Thomas N. Kuhn		Member	
	Mr. Raymond J. Wagner		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
            records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That the $1000.00 per month that he was awarded for the Ready Reserve Mobilization Income Insurance Program (RRMIIP) be changed to $5000.00 per month.

APPLICANT STATES:  That he initially submitted his (DD Form 2746) application for enrollment in the RRMIIP in October 1996 through his former unit for the maximum coverage of $5000.00 per month.  He states that when he arrived at his new unit he was informed that he was never enrolled in the RRMIPP due to administrative negligence on the part of his former unit.  He further states that he resubmitted his application in an appeal packet in March 1997, again for the maximum coverage and his appeal was rejected.  He states that he submitted a second appeal which was approved, but only for $1000.00 per month.  He concludes by stating that no one has been able to adequately explain why he was disapproved for the $5000.00 coverage and approved for the $1000.00 coverage.

EVIDENCE OF RECORD:  The applicant’s military records are incomplete.  Information herein was obtained from the documentation submitted with his application.

On 19 April 1988, he enlisted in the USAR for 8 years in the pay grade of E-1.

On 9 March 1997, the personnel NCO of the 353rd Civil Affairs Command, Bronx, New York submitted a memorandum to the Commander, Army Reserve Personnel Center (ARPERCEN) indicating that the applicant submitted his original DD Form 2746 with his prior unit and that the correct procedures were not followed which resulted in the late submission of his application.  The memorandum further indicates that the 353rd  Civil Affairs Command was trying to rectify the problem by submitting another DD Form 2746 on his behalf.  A copy of the DD Form 2746 that he contends he submitted through his prior unit was not attached to his appeal packet.

In an undated memorandum to the ARPERCEN, the Chief, Reserve Personnel Division of the Special Operations Command, Fort Bragg, North Carolina, submitted a request for acceptance of the applicant’s RRMIIP enrollment packet. The memorandum indicated that the applicant was assigned to the Special Operations Command on 30 May 1997 and that his previous unit failed to submit his DD Form 2746 for enrollment in a timely manner.  The memorandum further indicated that the late submission was not the applicant’s fault.  The DD Form 2746 is attached to the undated memorandum.

On 22 July 1998, the RRMIIP manager notified the applicant that his appeal had been approved with an effective date of 1 October 1996.  He was also informed that he was approved for coverage in the amount of $1,000.00 per month.

A review of the available information fails to show that the applicant applied for RRMIIP coverage in the amount of $5,000.00 until 9 April 1997 (the date of the enclosed DD Form 2746).

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.  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 TPU 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.  Personnel on active duty were not eligible to apply for enrollment in the RRMIIP.

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 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 exceed the $1,000.00 basic amount.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  The basis for his application to this Board was the amount of RRMIIP coverage for which he was approved.  However, his contention that he elected $5,000.00 RRMIIP coverage in his original DD Form 2746, is not supported by the evidence he submitted with his appeal.  The DD Form 2746 that he submitted to this Board is dated 9 April 1997.  He was approved for the basic coverage in the amount of $1,000.00 per months because he submits no proof that the application that he contends he submitted in October 1996 was for RRMIIP coverage in the amount of $5,000.00.
3.  In the absence of evidence to the contrary, it must be presumed that the action taken by the Department in this case were in accordance with applicable laws and regulations n effect at the time.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__cmf ___  __tk____  ___rjw___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998012411	
SUFFIX		
RECON		
DATE BOARDED	1999/07/22	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  13	101.000	
2.		
3.		
4.		
5.		
6.