MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            22 February 2001
	DOCKET NUMBER:   AR2000044762

	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. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. Stanley Kelley		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 offered the mobilization insurance, that he was attending school at the time his unit briefed the RRMIIP, and that he was sent to Hungary with another unit when he finished his schooling.  In support of his application he submits statements from his chain of command supporting his request for enrollment, his orders, his report of separation (DD Form 214), and his Academic Evaluation Report (DA Form 1059) showing when he attended school.

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

He enlisted on 13 March 1979 and served until he was honorably discharged in the pay grade of E-5 on 12 March 1992 under the Special Separation Benefit (SSB) Program.  He had served 13 years of total active service and was paid $34,000 in separation pay.

He immediately enlisted in the United States Army Reserve (USAR) and was promoted to the pay grade of E-6 on 17 March 1994.

While assigned to the 835th Military Police (MP) Battalion, a USAR unit in Raleigh, North Carolina, he attended training for a medical specialist in military occupational specialty 91B during the period 19 October 1996 to 4 May 1997 (phase I) and 19 July 1997 to 1 August 1997 (phase II), at Fort Bragg, North Carolina.

On 14 August 1997 orders were published which ordered him to active duty with the 805th MP Company in Raleigh, North Carolina effective 19 August 1997 in support of Operation Joint Endeavor.

On 5 September 1997 he submitted his application for enrollment in the RRMIIP under the $3,000 option.

On 18 May 1998 his enrollment application was returned from the Army Reserve Personnel Command (ARPERSCOM), in effect, because he failed to enroll before entering active duty. 

He submitted an appeal and provided a statement indicating that because he had been transferred to another unit upon completion of schooling and was immediately deployed to Hungary, he did not have time to complete his paperwork for the mobilization insurance.  He also submitted a statement from his original unit commander (535th MP Company) which indicates that he was not briefed during the initial enrollment period because he was attending school.

He also included a statement from his current commander (805th MP Company) which states that during readiness processing, soldiers were instructed to complete the necessary forms for enrollment and were informed that if they had not previously declined, they could sign up for enrollment.  He contended that since the applicant had not declined previously, he should be allowed to enroll at that time.

An endorsement from the battalion commander indicates that the facts about the RRMIIP regarding application deadlines and other issues were poorly disseminated and were received on short notice.

An endorsement from the Regional Support Command Deputy Chief of Staff for Personnel indicates that the applicant attended an official RRMIIP briefing while preparing to deploy to Hungary.

The applicant’s appeal was again denied by the ARPERSCOM based on a lack of sufficient evidence to explain why he had not been briefed.

In the processing of this case a staff advisory opinion was obtained from the ARPERSCOM RRMIIP Manager.  It opined, in effect, that the applicant was briefed prior to entering active duty but did not submit his application until after he had entered active duty.  Therefore he was ineligible for enrollment in the RRMIIP or payment of RRMIIP benefits.  Officials at the ARPERSCOM recommended denial of the application.  The advisory opinion was provided to the applicant for comment and to date he has failed to respond.

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.  Additionally, personnel who entered on active duty were not eligible to enroll regardless whether their 60-day enrollment period at elapsed.  Personnel who elected an option less than the maximum could not at a later date increase their option; however, they had the option at any time to decrease the amount of the coverage.

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.  The issue in this case is whether or not the applicant was properly briefed on the RRMIIP and was it accomplished within the prescribed timeframe and whether or not he actually submitted an RRMIIP application in a timely manner.  The Board is convinced that the applicant was briefed on the RRMIIP during his mobilization processing and that he simply failed to complete the forms for enrollment prior to entering on active duty.  Accordingly, he was not entitled to enrollment after entering on active duty and the Board finds no basis to do so at this time.

2.  Inasmuch as the applicant had been notified that he was being ordered to active duty, it was incumbent on him to fill out the forms and submit them.  His failure to do so in a timely manner, without explanation for the delay, does not necessarily constitute an error or injustice on the part of the Department.  

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 this 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

___ks___  ___tsk___  ___rvo __  DENY APPLICATION

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

INDEX

CASE ID	AR2000044762	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/02/22	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  13	101.0000/RRMIIP	
2.		
3.		
4.		
5.		
6.