MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            31 May 2000
	DOCKET NUMBER:   AR1999029740

	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 E. Vick		Chairperson	
	Mr. Stanley Vick		Member	
	Mr. John P. Infante		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 eligible to receive the RRMIIP benefits and was declined coverage even though he filled out the paperwork properly and the premiums were paid.  In support of his application he submits a copy of his mobilization orders and a copy of his report of separation (DD Form 214).

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

On 15 September 1997, while serving in the pay grade of E-6 in a USAR Troop Program Unit in Arizona, the applicant was ordered to active duty in support of Operation Joint Endeavor.  He remained on active duty until 16 April 1998 when he was released from active duty.

During the processing of this application an advisory opinion was requested from the RRMIIP Program Manager at the Army Reserve Personnel Command (ARPERSCOM).  It opines that the applicant’s unit was briefed in Hungary in February 1998 regarding the procedures to submit appeals regarding enrollment in the RRMIIP and that there is no record of the applicant ever having submitted an application for enrollment or an appeal of any kind regarding the RRMIIP.  The ARPERSCOM recommended that the applicant’s request be denied because he had submitted no documentation to support his request.  The advisory opinion was provided to the applicant for response and to date no response has been received from the applicant.

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.

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.  The applicant’s contentions have been noted by the Board; however, he has failed to provide any evidence to show that he properly applied for enrollment in the RRMIIP, that he paid the premiums, or that he was unjustly denied benefits. 

3.  Additionally, information received from the ARPERSCOM indicates that there is no record of the applicant requesting enrollment either during the initial enrollment period or after he was mobilized.  Therefore, in the absence of evidence to the contrary, the Board must presume that the applicant was properly afforded the opportunity to enroll in the RRMIIP and failed to do so.

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

___sk___  __jev____  __jpi____  DENY APPLICATION

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

INDEX

CASE ID	AR1999029740	
SUFFIX		
RECON		
DATE BOARDED	2000/05/31	
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.