MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            2 February 2000
	DOCKET NUMBER:   AR1999023665

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Lester Echols		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:  In effect, that he be enrolled in the Ready Reserve Mobilization Income Insurance Program (RRMIIP).

APPLICANT STATES:  In effect, that he was not adequately informed on the RRMIIP.  More specifically, he was actually misinformed and given guidance that it was not appropriate for him unless he was a physician, an attorney, or independently wealthy.  He was directed by the unit personnel noncommissioned officer to not enroll in the program.  When he became more informed on the RRMIIP, he did submit an enrollment application prior to the program terminating. This application was submitted more than six months prior to the expiration of the extended late enrollment period.  The applicant has included with his packet letters from an interested member of Congress and statements in support of his application from members of his Reserve unit chain of command.

EVIDENCE OF RECORD:  The applicant's military records show:

On 6 November 1996, the applicant was reassigned from the USAR Control Group (Reinforcement) to Headquarters and Headquarters Detachment (HHD), 419th Transportation Battalion, Bartonville, Illinois.  

On 19 September 1996, while the member was still serving in the Individual Ready Reserve, he was mailed a memorandum from the Army Reserve Personnel Command (ARPERSCOM) which asked if he would be interested in participating in the RRMIIP.  The applicant’s name is included on an HHD, 419th Transportation Battalion roster of members who declined coverage under the RRMIIP and on 24 November 1996, he signed a DD Form 2746 (Ready Reserve Mobilization Income Insurance Certificate), in which he declined coverage under the RRMIIP.  

Orders Number 26-1, dated 1 December 1996, issued by Headquarters, 336th Transportation Group, Fort Sheridan, Illinois, reassigned the applicant to the 657th Transportation Detachment, Belleville, Illinois, effective 25 January 1997.  On 28 January 1997, the applicant was ordered to active duty for 270 days, for the purpose of mobilization in support of Operation Joint Guard.  

On 15 January 1998, the applicant submitted an appeal to the RRMIIP Program Manager at ARPERSCOM, again requesting enrollment in the RRMIIP.  Included with this request were statements from the command sergeant major (CSM) and the commander of the 419th Transportation Battalion.  The CSM’s statement indicated that the applicant had received misinformation regarding the RRMIIP and while he did receive enrollment paperwork, he was not properly briefed.  The unit commander indicated that the applicant had not been briefed prior to his reassignment to the 657th Transportation Battalion.  On 30 July 1998, this appeal was denied based on the applicant’s previous action to decline insurance.

In the processing of this case an advisory opinion was requested from the RRMIIP Program Manager at the ARPERSCOM which opined, in effect, that in the applicant’s appeal action to them he indicated both that he had not been briefed at all and then that he had been improperly briefed on the program.  In addition, the supporting statements were not from members of the chain of command responsible for the initial briefings of the applicant.  The opinion  further indicated that the applicant had been in effect given two opportunities to enroll in the RRMIIP, the first while he was still in the IRR and the second at the 419th where he declined coverage.  Finally, the ARPERSCOM opines that the applicant formally declined coverage by signing a DD Form 2746 and his name was included on a unit declination roster, therefore, he should not be allowed another opportunity to enroll at this time.  On 14 May 1999, the advisory opinion was forwarded to the applicant for comment.  To date, the Board has received no response from the applicant.

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.

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 Army National Guard extended administrative appeals/errors processing 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.

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.  The applicant’s contention that he was unjustly denied enrollment in the RRMIIP is not supported by either the independent evidence submitted with his application or the evidence of record.

2.  The Board also notes that the unit commander who provided statements in support of the applicant’s request was not the commander responsible for the applicant’s initial briefing and other statements were not from individuals responsible for RRMIIP briefings.  The applicant’s contention that he was improperly briefed is not sufficient justification to ignore the fact that he signed a RRMIIP unit declination roster and a DD 2479 declining coverage during the initial enrollment period.  Therefore, the Board finds no basis for relief.  

3.  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.

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___  ___ja ___  ___le____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999023665	
SUFFIX		
RECON		
DATE BOARDED	2000/02/02	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  10	101.0000	
2.		
3.		
4.		
5.		
6.