MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            1 June 2000
	DOCKET NUMBER:   AR2000042009

	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. Carl W. S. Chun		Director	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. James C. Hise		Chairperson	
	Mr. Raymond V. O’Connor, Jr.		Member	
	Mr. Melvin H. Meyer		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 his claim for benefits under the Ready Reserve Mobilization Income Insurance Program (RRMIIP) be reviewed and that he be paid at the rate in which he originally enrolled.

APPLICANT STATES:  In effect, that he originally enrolled in the RRMIIP on 1 September 1997 for the amount of $5,000.00 in coverage; however, by the time he was enrolled in the RRMIIP he was already on active duty and a determination was made at the Army Reserve Personnel Command (ARPERSCOM) that the maximum he could be enrolled for was $1,000.00.  Consequently, he was denied the amount in which he originally requested.  In support of his application he provides a copy of his DD Form 2746 (RRMIIP Certificate) dated 1 September 1997.

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

The applicant completed his advanced individual training as a traffic management coordinator and was released from active duty training on 29 January 1997.  He was returned to his USAR Troop Program Unit in North Carolina..

On 20 February 1997 he was ordered to active duty in support of Operation Joint Endeavor/Guard with the 385th Transportation Detachment.

On 1 September 1997, while stationed in Ramstein, Germany in the pay grade of E-4, the applicant completed a DD Form 2746 electing enrollment in the RRMIIP. The form provided by the applicant indicates that he elected coverage in the amount of $5,000.00.  However, documents obtained from files at the ARPERSCOM show that a DD Form 2746 was completed by the applicant on 1 September 1997 and he indicated that he desired coverage in the amount of $1,500.00.  That document contains a facsimile header that reveals that the form was sent from “HHC 21st TAACOM ACSLOG at 19:29 hours on 29 September 1997”.

The applicant was subsequently enrolled in the RRMIIP in the amount of $1,000.00 and his claim was paid in that amount.

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 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.  In the event that they were mobilized/ordered to active duty prior to being briefed, they were limited to enrollment for coverage in the amount of $1,000.00 only.

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, 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.  It appears, based on the DA Form 2746 obtained from files at the ARPERSCOM that the DA Form 2746 submitted by the applicant has been altered to reflect coverage in the amount of $5,000.00 instead of the $1,500.00 in coverage that was originally elected by the applicant.  Notwithstanding, this discrepancy, the applicant was ordered to active duty before enrolling in the RRMIIP and was only authorized to elect coverage in the amount of $1,000.00.

3.  Accordingly, the Board finds no basis to grant him any additional payments under the RRMIIP.

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:

___jch __  ___mhm_  ___rvo __  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000042009	
SUFFIX		
RECON		
DATE BOARDED	2000/06/01	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  13	101.0000/MOBINS/RRMIIP	
2.		
3.		
4.		
5.		
6.