MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            15 December 1999
	DOCKET NUMBER:   AR1999025288

	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. Thomas N. Kuhn		Chairperson	
	Ms. Elizabeth Buchanon		Member	
	Mr. Mark D. Manning		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, retroactive enrollment in and compensation from the Ready Reserve Mobilization Income Insurance Program (RRMIIP).

APPLICANT STATES:  In effect, that he was never afforded the opportunity to enroll in the RRMIIP during the initial enrollment period.  In support of his appeal he submits an undated statement indicating that he was assigned to the 595th Transportation Detachment on 2 July 1996 and asking that he be granted a waiver for enrollment in the RRMIIP because he did not received the RRMIIP briefing, his RRMIIP enrollment packet dated 14 September 1997, a copy of deployment orders dated 26 August 1997, a copy of orders dated 23 September 1997 ordering him to active duty and a copy of a memorandum from the RRMIIP Program Manager dated 6 June 1998 addressed to the Commander of the 595th Transportation Detachment returning his RRMIIP enrollment packet.

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

On 14 September 1997, the applicant submitted a DD Form 2746 requesting enrollment in the RRMIIP under the $5,000 option.  In support of his application he submitted a statement indicating that he was assigned to the 595th Transportation Detachment on 2 July 1996 and was never briefed regarding the RRMIIP.

Orders were published on 23 September 1997, ordering him to active duty effective 25 September 1997 for a period not to exceed 270 days.

On 6 June 1998, the Army Reserve Personnel Command (ARPERSCOM) returned his application without action.  The ARPERSCOM stated that the applicant’s appeal packet was incomplete because there was no information included in the packet to substantiate why he was not notified regarding the RRMIIP during the initial enrollment period (1 October 1996 - 31 December 1996).  The ARPERSCOM further stated that there was no Commander’s memorandum explaining why the unit was not briefed at the proper time and there was no endorsements through the chain of command.  The ARPERSCOM provided the applicant with a checklist of documents needed to complete his packet and suggested that he return his completed packet through his chain of command for consideration no later than 30 June 1998.

During the processing of this application an advisory opinion was requested from the RRMIIP Program Manager at the ARPERSCOM.  It opines that the applicant never submitted a complete enrollment packet.  The ARPERSCOM stated that the applicant had missed the original enrollment period and the enrollment application was returned to him with instruction on submitting his case as an appeal.  The ARPERSCOM further stated that the application was later returned by the unit and was still incomplete because the previously requested documents had not be submitted.  The ARPERSCOM recommended that the applicant’s request be denied because he was provided two opportunities to submit the documentation to support his enrollment application and no supporting documents were ever received.

On 11 May 1999, the applicant was provided a copy of the advisory opinion for his information or rebuttal.  To date there has been no information received from him regarding the opinion.

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.  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 the Army National Guard extended 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.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), 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.  His application to this Board and to the ARPERSCOM was based on the failure of his unit to brief him regarding the RRMIIP.  However, the applicant has not provided sufficient evidence to support his contention.

3.  The ARPERSCOM provided him with two opportunities to submit the necessary documentation to support his appeal.  To date, he has failed to submit the requested documentation either to the ARPERSCOM or to this Board.

4.  In the absence of evidence to the contrary, it must be presumed that the applicant was briefed on the program with his unit and the actions taken by the Department in his case were in accordance with applicable laws and regulations in effect at the time.

5.  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

___mdm _  __tnk ___  ___eb___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999025288	
SUFFIX		
RECON		
DATE BOARDED	1999/12/15	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  13	101.0000	
2.		
3.		
4.		
5.		
6.