MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 6 June 2002
         DOCKET NUMBER: AR2002067436

         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
Ms. Deyon D. Battle		Analyst

The following members, a quorum, were present:

Mr. Stanley Kelley		Chairperson
Mr. John T. Meixell		Member
Mr. Thomas E. O’Shaughnessy, Jr.		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)

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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 for the amount of $5,000.00 in coverage; however, by the time he was briefed and enrolled in the RRMIIP he was mobilized and a determination was made at the National Guard Bureau (NGB) that the maximum he could be enrolled for was $1,000.00. Consequently, he was denied the amount in which he originally requested. In support of his appeal, he submits a copy of a letter from the Department of the Army and Air Force National Guard Bureau dated 25 February 1998, indicating that he is entitled to only $1,000.00 per month for his participation in the RRMIIP; a copy of his RRMIIP enrollment packet dated 29 October 1997; a copy of his Certificate of Release or Discharge from Active Duty; a copy of a memorandum from his commander dated 1 November 1997 stating that he was not present during RRMIIP briefing; his sworn statement dated 18 December 2001, stating that he was not briefed with the 60 days required after joining his unit; a copy orders dated 9 July 1997 ordering him to active duty; and a copy of orders dated 11 March 1998, releasing him from active duty.

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

While serving as a unit personnel specialist in the pay grade of E-5, in the 111^th Area Support Group (ASG) of the Texas Army National Guard (TXARNG), he was ordered to active duty effective 18 July 1997, in support of Operation Joint Endeavor/Guard and served until he was released from active duty on 25 March 1998. He had served 8 months and 8 days of active service during this deployment.

On 29 October 1997, the applicant submitted a Ready Reserve Mobilization Income Insurance Certificate (DD Form 2746) through his chain of command requesting $5,000 coverage.

On 1 November 1997, the applicant’s commanding officer forwarded a memorandum through his chain of command indicating that the applicant spoke to the unit briefing officer and was given the RRMIIP forms and large packet late in the afternoon on 8 December 1996 and was told that a quick decision was required. The memorandum further indicates that the applicant honestly and reasonably formed the impression that he had to submit his packet that day and he did not have time to read and fully understand the program. The memorandum also indicates that since the applicant was not allowed the full time to consider the program, he did not have the opportunity to make a meaningful and informed decision as to whether or not to enroll in the RRMIIP program.

On 25 February 1998, he was notified by the NGB Chief, Personnel Policy, Programs and Manpower that based on their research he had not been briefed regarding the RRMIIP. He was informed that his application for enrollment in the RRMIIP was approved, however only at the $1,000 option.

A review of previous RRMIIP cases reviewed by the Board confirms that the 111^th ASG conducted its RRMIIP briefing on 8 December 1996.

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.

The Office of the Assistant Secretary of Defense memorandum dated 14 November 1996, provided clarifying guidance regarding eligibility of Reserve members who were insured under the RRMIIP. It states, in pertinent part, that during the period in which eligible members of the Reserve components who were members prior to the establishment of the RRMIIP who were called to active duty for a period of covered service prior to having an opportunity to enroll or decline to be insured under the RRMIIP, will have the option to elect coverage not to exceed the $1,000.00 basic amount.

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. 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.

2. The available evidence of record shows that the applicant was given his RRMIIP enrollment packet when the unit conducted its briefing on 8 December 1996. Although the applicant claims he was not properly briefed on the RRMIIP, he did not enroll in the RRMIIP until 29 October 1997 and has not provided any evidence or explanation as to why he waited until the unit was being mobilized before submitting his application.

3. Given his position as the unit personnel specialist, it is reasonable to presume that he would have had access to the unit briefing officer and in all likelihood would have been involved in forwarding enrollment packets to the appropriate officials. Accordingly, the Board finds his failure to enroll in the RRMIIP during the month of December 1996 or to obtain the information necessary to make an informed decision to be an error in judgment on his part. Therefore, lacking any reasonable explanation or evidence to show that he was denied the opportunity to enroll for the full amount of RRMIIP benefits when he was eligible, the Board finds no basis to grant him additional benefits.

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___ ___jm ___ ___teo __ DENY APPLICATION

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

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INDEX

CASE ID	AR2002067436
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2002/06/06
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.