DEPARTMENT OF HOMELAND SECURITY
BOARD FOR CORRECTION OF MILITARY RECORDS
Application for the Correction of
the Coast Guard Record of:
BCMR Docket No. 2007-069
XXXXXXXXXXXXX
XXXXXXXXXXXXX
FINAL DECISION
This proceeding was conducted according to the provisions of section 1552 of title 10 and
section 425 of title 14 of the United States Code. The Chair docketed the case on January 19,
2007, upon receipt of the completed application, and subsequently prepared the final decision for
the Board as required by 33 C.F.R. § 52.61(c).
appointed members who were designated to serve as the Board in this case.
This final decision, dated October 4, 2007, is approved and signed by the three duly
APPLICANT’S REQUEST AND ALLEGATIONS
The applicant asked the Board to correct her military record to show that she enrolled in
the Montgomery GI Bill (MGIB) while in the Coast Guard. She enlisted in the Coast Guard on
November 19, 2002 and was discharged on January 12, 2007.
The applicant stated that she declined participation in the MGIB program while in the
Coast Guard because she thought she was entitled to benefits based on her previous enrollment
in the program during the eight months she was in the Navy. She stated that upon further
investigation she found that she was not entitled to the MGIB benefits as a result of her
participation in the program while in the Navy because that enlistment ended due to an erroneous
enlistment, even though she had paid into the program. She stated that if she had known that she
was not entitled to MGIB benefits as a result of her Navy enlistment she would not have declined
enrollment when it was offered to her while in the Coast Guard.
The applicant submitted DD form 2366 (MGIB Basic Enrollment Form) from the Navy
dated September 6, 2001, which shows that she enrolled in the MGIB program at that time. She
also submitted DD Form 2366 from the Coast Guard dated December 3, 2002, which shows that
she did not enroll in the program while in the Coast Guard. She acknowledged the following
statement with her signature on the Coast Guard MGIB enrollment form: “I do not desire to
participate in MGIB. I understand the benefits of the MGIB program and that I will not be able
to enroll at a later date.’
VIEWS OF THE COAST GUARD
On March 1, 2007, the JAG submitted an advisory opinion recommending that the Board
deny relief. He agreed with the comments provided by the Commander, Coast Guard Personnel
Command (CGPC) and asked the Board to accept them as a part of the advisory opinion.
CGPC stated that the applicant’s record indicates that the Coast Guard counseled the
applicant about the MGIB entitlement, and that she declined to participate in the program shortly
after entering the Coast Guard. CGPC stated that pursuant title 38 § 3011C.1. of the United
States Code members can not retract their election not to participate in the program. He argued
that the applicant has not demonstrated that the Coast Guard committed any counseling error or
injustice with regard to the MGIB program or in processing her election not to participate in the
program. He noted that the applicant might have redress through the Department of Veterans
Affairs or possibly obtain a refund of premiums through the United States Navy. Accordingly,
CGPC recommended that no relief be granted to the applicant.
APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD
On May 4, 2007, a copy of the Coast Guard views was mailed to the applicant with 30
days allotted for him to respond. The BCMR did not receive a response from the applicant.
FINDINGS AND CONCLUSIONS
The Board makes the following findings and conclusions on the basis of the applicant’s
submissions and military records, submission of the Coast Guard, and applicable law:
1. The Board has jurisdiction concerning this matter pursuant to section 1552 of title 10
of the United States Code, and the application was timely.
2. Prior to enlisting in the Coast Guard, the applicant served in the United States Navy
where she enrolled in the MGIB program and apparently made some monthly monetary
contributions until her discharge due to an erroneous enlistment after approximately 8 months in
that Service.
3. Subsequently, the applicant enlisted in the Coast Guard and decided not to participate
in the MGIB program as evidenced by her signature on the DD Form 2366 dated December 3,
2002.
4. The Board finds that the Coast Guard did not commit any error or injustice in this
case. The Coast Guard provided DD Form 2366 to the applicant which explained the rules of the
MGIB program. The applicant acknowledged that she did not enroll in the program when the
Coast Guard offered it to her, but claimed that she would have enrolled had she known at that
time that she would not receive benefits from her participation while in the Navy. The DD Form
2366 provided to the applicant by the Coast Guard advised her that an election not to participate
was final and could not be changed. In addition, the enrollment form advised the applicant that
to be eligible for benefits, she must, among other requirements, contribute $100 per month for 12
months. The applicant knew or should have known that she was in the Navy for only 8 months
and therefore did not meet this requirement. The applicant may have operated under a mistaken
belief, but that does not establish error by the Coast Guard.
5. Accordingly, the Board finds that the applicant has not demonstrated an error or
[ORDER AND SIGNATURES ON FOLLOWING PAGE]
injustice in this case and it should be denied.
The application of former XXXXXXXXXX, USCG, for correction of her military record
ORDER
is denied.
Toby Bishop
Patrick B. Kernan
Adrian Sevier
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