RECORD OF PROCEEDINGS

             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS



IN THE MATTER OF:      DOCKET NUMBER:  99-00815

            INDEX NUMBER:  128.04


            COUNSEL:  NONE


            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show his entitlement to benefits  under
the Ready Reserve Mobilization Income Insurance Program (RRMIIP).

___________________________________________________________________

APPLICANT CONTENDS THAT:

Information about the RRMIIP was not adequately  presented  at  the
time of sign-up and he was not given all necessary forms.   The  DD
Form 2746, Ready Reserve Mobilization Income Insurance Certificate,
he submitted to the military personnel flight was misplaced  and/or
dropped by the host  site.   His  enrollment  was,  therefore,  not
processed; no premiums were deducted; and no benefit payments  were
paid to him.

In support of his appeal, the  applicant  provided  copies  of  his
RRMIIP enrollment form, signed 10 Feb 96, with receipt acknowledged
10 Feb 97; DFAS payment authorization form, signed 11 Feb 98;  DFAS
benefits claim form, signed 3 Jan  98;  DFAS  benefits  claim  form
signed 3 Jan 98, with authorization dated 3 Jan 98; orders, dated 5
Nov 97; travel voucher for the  period  19 Nov  97  -  21  Mar  98;
notification and termination of RRMIIP; e-mails and e-mail delivery
notifications, legislative  updates  and  flyers.   In  a  separate
submission via fax, the applicant provided orders, dated 6  Nov  97
(Exhibit A).

___________________________________________________________________

STATEMENT OF FACTS:

Information  extracted  from  the  Personnel  Data   System   (PDS)
indicates that, on 18 Oct 85, the applicant  enlisted  in  the  Air
National Guard and Air Force Reserve.  He  has  been  progressively
promoted to the grade of technical sergeant, effective 20  Oct  97.
As of the Retirement Year Ending (RYE) 17 Oct 98, he  was  credited
with 13 years of satisfactory Federal service.

Documents provided by the applicant indicate on 6  Nov  97,  orders
were published directing him to perform active duty in  support  of
“Operation Joint Guard” during the period 19 Nov 97 through 22  Mar
98, at Taszar AB, Hungary.  The cited authority for the active duty
was 10 USC 12301(d), NGR (AF) 50-01, and AFI 36-2619.

___________________________________________________________________

AIR FORCE EVALUATIONS:

The Chief, Utilization, ANG/DPPU,  reviewed  this  application  and
recommended approval.  In her opinion, the applicant  substantiated
he was misinformed and proper processing was not accomplished in  a
timely manner.  The applicant was not at fault  and  properly  used
his chain of command in pursuit of obtaining benefits due him.  The
applicant completed the  enrollment  form,  DD  Form  2746,  RRMIIP
Certificate, in accordance with Department of  Defense  Instruction
(DoDI) 1341.10, RRMIIP procedures.  However, he  was  not  provided
another required document, DFAS claim form, nor the instructions to
complete the form for proper  enrollment  and  premium  deductions.
Upon enquiring about his  enrollment  status,  he  was  erroneously
informed the program had insufficient funds and  that  the  program
was discontinued.

During the applicant’s deployment  to  Hungary  on  a  Presidential
Selected Reserve Call-up for 123 days, 18 Nov 97 through 21 Mar 98,
he discovered that the  RRMIIP  was  still  active.   Members  were
required to be on active duty for  30  days  or  more  before  they
qualified for benefits.  The applicant elected $2,500 coverage  per
month, rendering him eligible for a net benefit  of  $7,341.30.   A
complete copy of DPPU’s evaluation is at Exhibit C.

The  Director,  Directorate  of  Customer   Assistance,   ARPC/DPS,
reviewed this application and recommended  denial.   The  applicant
does not meet the statutory  and  regulatory  criteria  for  RRMIIP
benefits.  The order, dated 6 Nov 97, indicates he was deployed for
Operation Joint Guard.  This operation was authorized  under  Title
10 USC  Section  12301(d),  not  Section  12304,  as  required  for
payment.  Section 12301(d) specifically states that  the  Secretary
concerned may, at any time, order a member of a  Reserve  component
under his jurisdiction to active duty,  or  retain  him  on  active
duty, with the consent of that  member.   Since  this  was  not  an
involuntary action, RRMIIP payments are not authorized.  He was not
ordered to duty under the Presidential Selected Reserve Call-up  as
indicated in the ANG/DPPU advisory opinion.  If  the  Board  grants
the request, the cost of premiums should be deducted from payments.
 ARPC/DPS’ evaluation is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Copies of the evaluations  were  forwarded  to  the  applicant  for
review and response (Exhibit E).  As of this date, no response  has
been received by this office.

___________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing
law or regulations.

2.  The application was timely filed.

3.  Insufficient  relevant   evidence   has   been   presented   to
demonstrate the existence of  probable  injustice.   We  noted  the
applicant's complete submission in judging the merits of the  case;
however, we agree with the opinion and recommendation  of  the  Air
Reserve Personnel Center and adopt their rationale as the basis for
our conclusion that the applicant has not been  the  victim  of  an
injustice.  The  applicant’s  order  to  perform  active  duty  was
authorized  under   Title   10,   USC,   12301(d).    He   provided
documentation that clearly indicates the Ready Reserve Mobilization
Income Insurance Program was established  by  Congress  to  provide
coverage  for  Reservists  who  have  been  issued  an   order   to
involuntary active duty for covered service under the authority  of
Title 10, USC, Section 12304.  Although the applicant may have been
miscounseled as to his eligibility to participate in  the  program,
no premiums  were  ever  deducted  from  his  pay.   Therefore,  he
suffered no monetary loss.  Unless the applicant  submits  evidence
that his order to perform duty should have  been  authorized  under
10 USC 12304, rather than 10 USC 12301(d), we  find  no  compelling
basis to recommend granting the relief sought in this application.

___________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified  that  the  evidence  presented  did  not
demonstrate the existence of probable material error or  injustice;
that the application was denied without a personal appearance;  and
that the application will only be reconsidered upon the  submission
of newly discovered relevant  evidence  not  considered  with  this
application.

___________________________________________________________________

The following members of the Board considered this  application  in
Executive Session on 16 November 1999, under the provisions of  AFI
36-2603:


                  Ms. Charlene M. Bradley, Panel Chair


                  Ms. Patricia D. Vestal, Member

                  Dr. Gerald B. Kauvar, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 23 Mar 99, w/atchs, and
                Applicant’s fax transmission, dated 18 Aug 99.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ANG/DPPU, dated 28 May 99.
    Exhibit D.  Letter, HQ ARPC/DPS, dated 27 Aug 99
    Exhibit E.  Letter, AFBCMR, dated 20 Sep 99.




                                   CHARLENE M. BRADLEY
                                   Panel Chair