MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            22 February 2001
	DOCKET NUMBER:   AR2000047681

	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, that his claim for benefits under the Ready Reserve Mobilization Income Insurance Program (RRMIIP) be reviewed and that he be paid at a higher rate than he originally enrolled.

APPLICANT STATES:  In effect, that he was one of the first members of his unit to enroll in the RRMIIP and that he did so at the $1,000 rate based on the guidance he was given.  However, he has since learned that several members have since been approved for enrollment in the RRMIIP at the maximum rate of $5,000 without having had the premiums deducted from their pay.  He further states that it is unfair that soldiers who did not enroll initially are being allowed to receive the maximum benefits from a program when they did not have the premiums deducted as he did and that soldiers such as himself should be allowed to receive the same benefits as well.  He also states that he was not briefed properly so as to make a proper decision on enrollment and should receive consideration for an increase in the amount of his original enrollment.  Accordingly, he would have received $45,000 instead of the $7,000 he received, had he been properly briefed.

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

The applicant was serving in the pay grade of E-6 in a United States Army Reserve (USAR) military police unit in Raleigh, North Carolina at the time he was ordered to active duty in support of Operation Joint Endeavor/Guard on 19 August 1997.

He continued to serve on active duty until he was released from active duty on 20 April 1998 in the pay grade of E-7 and was returned to his unit in North Carolina.  He had served 8 months and 2 days of active service during that period.

A copy of the RRMIIP Certificate (DD Form 2746) completed by the applicant is not present in the available records.  However, a review of a blank copy of that form shows that it contains a note immediately below block “7” (Amount of Coverage) where the amount of insurance desired is indicated.  It specifies that once enrolled, an individual may reduce or stop participation in the RRMIIP at any time.  However, individuals may not increase their coverage after enrollment.

In the processing of this case a staff advisory opinion was obtained from the ARPERSCOM RRMIIP Manager.  It opined, in effect, that it was an individual decision as to the amount the individual wanted to enroll for and that other soldiers in his unit opted for a higher amount.  It further opined that soldiers who had been denied the opportunity to enroll were given an opportunity to appeal and if approved, the premiums were deducted from the proceeds due.  The ARPERSCOM recommended that his application be denied and the opinion was provided to the applicant for comment.  To date no response has been received by the Board. 

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 had 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.  The Board is convinced that the applicant was briefed on the RRMIIP during his mobilization processing and that he chose to elect the $1,000 option instead of a higher option that would have cost him more.  Accordingly, he was not entitled to increase his entitlement option after enrollment.

2.  The applicant’s contentions have been noted by the Board; however, he has failed to show through the evidence submitted with his application or the evidence of record that he was not properly briefed on the RRMIIP or that he was unjustly denied the opportunity to enroll at a higher rate.

3.  While the Board recognizes that there have been cases in which individuals were enrolled in the RRMIIP after the initial enrollment period, this was done in cases where individuals could provide evidence to show that they were not properly briefed on the RRMIIP and were denied the opportunity to enroll.  The applicant has not shown to the satisfaction of the Board that such was the case in his particular case.

4.  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.
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

__sk____  ___tsk___  ___rvo __  DENY APPLICATION

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

INDEX

CASE ID	AR2000047681	
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.