MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            31 August 2000
	DOCKET NUMBER:   AR2000043832

	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. Samuel A. Crumpler		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Joe R. Schroeder		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 18 March 1997 for the amount of $5,000.00 in coverage; however, by the time he was enrolled in the RRMIIP he was already in receipt of mobilization orders, had been mobilized 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 at the time he was mobilized.

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

On 18 March 1997, while serving in the pay grade of E-6 in the 452nd Ordnance Company, he completed his application for enrollment in the RRMIIP and elected the $5,000.00 option.  He was ordered to active duty on 18 March 1997 (the same day he enrolled in the RRMIIP) in support of Operation Joint Endeavor/Guard and remained on active duty until he was released from active duty on 9 December 1997.  His application for enrollment was subsequently approved by the ARPERSCOM for only $1,000.00 because he enrolled in the RRMIIP on the date he entered active duty (mobilization date). 

In the processing of this case a staff member of the Board contacted officials at the ARPERSCOM RRMIIP Manager’s Office to determine why the applicant had been denied enrollment in the amount originally selected.  Officials at the ARPERSCOM indicated that originally a determination/interpretation had been made that once individuals had received mobilization orders, they could only be enrolled at the rate of $1,000.00.  However, after an inspection by the AAA it was determined through a clarification of policy provided by the Office of the Assistant Secretary of Defense for Reserve Affairs, that individuals had the right to full enrollment until such time as they actually entered active duty and that possession of orders prior to the effective date did not restrict their entitlements.  The applicant was one of the individuals identified during that audit as possibly being eligible to receive additional benefits from the RRMIIP.

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.

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.

A clarification of policy rendered from the Office of the Assistant Secretary of Defense for Reserve Affairs on 7 March 1997, in response to an inquiry from the National Guard Bureau, confirmed that soldiers who receive a RRMIIP briefing prior to Mobilization Day (M-Day) have 60 days after the initial briefing or by 2359 hours the day before M-Day, whichever occurs earlier, to make an election up to $5,000.00 in coverage.

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.  Although the applicant was identified as one of the individuals that may have been entitled to receive additional benefits from the RRMIIP, the Board finds that he enrolled in the RRMIIP on the date he was ordered to active duty and therefore was limited to $1,000.00.  Therefore, the Board finds that he was properly enrolled at the $1,000.00 rate vice the $5,000.00 rate and that he is not entitled to receive any additional benefits from the program. 

2.  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.

3.  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

__jrs____  ___be___  __sac ___  DENY APPLICATION

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

INDEX

CASE ID	AR2000043832	
SUFFIX		
RECON		
DATE BOARDED	2000/08/31	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  13	101.0000/MOB INS/RRMIIP	
2.		
3.		
4.		
5.		
6.