DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                BCMR Docket No. 2005-016 
 
Xxxxxxxxxxxxxxxxxxx 
  xxxxxxxxxxxxxxxxx 

 

 
 

FINAL DECISION 

 
AUTHOR:  Andrews, J. 
 
 
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.  It was docketed on Novem-
ber 4, 2004, upon receipt of the completed application. 
 
 
appointed members who were designated to serve as the Board in this case. 
 

This  final  decision,  dated  November  17,  2005,  is  signed  by  the  three  duly 

APPLICANT’S REQUEST AND ALLEGATIONS 

 
 
The  applicant  asked  the  Board  to  correct  his  records  to  make  him  eligible  for 
educational benefits under the Montgomery GI Bill (MGIB)1 by correcting his form DD 
Form 2366 to show that he elected to accept the benefits.   
 
 
The applicant alleged that on April 10, 2001, he inadvertently signed the form “in 
both the acceptance and disenrollment lines.  I was not properly counseled nor was I 
requested  to  make  any  changes  to  clarify  this  decision.”    The  applicant  alleged  that 
when he received his first Leave and Earnings Statements (LES), he noticed that there 
was no $100 deduction for MGIB, and brought it to the attention of the executive petty 
officer  of  his  unit,  CG  Station  New  York,  who  said  he  would  look  into  it.    However, 
about two weeks later, the terrorism of September 11, 2001, caused his problem to be set 
aside.  When his unit’s operations slowed down a bit, he again inquired and was told 
that  he  had  declined  MGIB  benefits.    He  tried  to  submit  a  new  DD  Form  2366  in 
February 2002, but it was declined.  He received the same response when he asked at 

                                                 
1   38 U.S.C. § 3001 et seq.  

his next unit.  Therefore, in August 2004, he consulted the District legal office and was 
advised to submit a request through his chain of command.  Although his commanding 
officer endorsed his request, the Coast Guard Personnel Command (CGPC) denied it.  
In support of his allegations, the applicant submitted the following: 
 

•  a copy of his form DD Form 2366 dated April 10, 2001, with his signature in 

blocks 2.b.(a) and 3(a), for disenrollment; 

•  a copy of a DD Form 2366 dated February 8, 2002, with his signature in block 

2.b.(a); 

•  a copy of his letter requesting MGIB enrollment, dated August 31, 2004; 
•  a  copy  of  his  commanding  officer’s  endorsement  of  his  request,  dated  Sep-
tember 7, 2004, which indicates that the applicant had decided to leave the Coast Guard 
at the end of his enlistment, attend nursing school, and become a physician’s assistant 
in the Reserve; and 

•  a copy of a memorandum from CGPC, dated September 27, 2004, in which his 

request was denied as follows: 
 

Chapter 30, Title 38, U.S. Code, stipulates a member must make an irrevocable decision 
to participate or not in the MGIB upon entering active duty.  In the absence of a member 
electing  not  to  participate  in  the  MGIB,  their  participation  is  automatic.    The  DD  Form 
2366 is the document used only to make an election not to participate in the MGIB.  The 
signature in item 2.b.(a) only signifies that the member read the information in item 2.b. 
regarding the MGIB program.  Item 2.b.(2) specifically states that a member will be auto-
matically  enrolled  unless  they  exercise  the  option  to  disenroll  by  signing  in  item  3.a.  
Based on the review of your official Coast Guard records, you did complete a DD Form 
2366  on  10  April  2001,  electing  not  to  participate  in  the  MGIB.    If  view  of  this,  your 
request to be allowed to participate now cannot be approved based on the provisions of 
law. 

 

SUMMARY OF THE RECORD 

On  March  27,  2001,  the  applicant  enlisted  in  the  Coast  Guard  for  four  years.  

 
 
Upon enlisting, he signed an Annex I form, in acknowledgement of the following: 
 

 I am eligible for the Montgomery GI Bill (MGIB) based upon my initial entry on 

1. 
active duty on or after 01 July 1985. 
2. 
$100 per month for each of the first full 12 months of active duty. 
3. 
no refund of my money under any circumstances. 
4. 

I  am  automatically  enrolled  in  the  MGIB  and  my  basic  pay  will  be  reduced  by 

I cannot suspend or stop my monthly pay reduction under the MGIB and there is 

Complete 48 months of active duty. 
Complete my high school education (or receive an equivalency certificate 

To be eligible for benefits, I must do all of the following: 
• 
• 
before the end of my initial enlistment. … 
• 
Receive an honorable discharge. 
My benefit will be a minimum of $300 per month for 36 months (minimum total 

5. 
of $10,800) although the monthly amount may vary from year to year. 

6. 
7. 

I am eligible to use my benefits in-service after two years on active duty. 
I may use my benefits at colleges … 

 
 
On  April  10,  2001,  the  applicant  signed  a  DD  Form  2366  regarding  the  MGIB.  
The form bears two signatures by the applicant and one by a witnessing official, a first 
class petty officer.  The pertinent part of the form appears as follows: 
 

 
2.  STATEMENT OF UNDERSTANDING 
a.  Academy/ROTC Scholarship Graduates …[Information omitted.] 
b.  ALL OTHER SERVICE MEMBERS 
(1)  I am eligible for the MGIB based on my initial entry on active duty after June 30 1985. 
(2)  I  understand  that  I  am  automatically  enrolled  unless  I  exercise  the  option  to  disenroll  by  signing 

Item 3 below by the date designated by my service. 

(3)  I understand that unless I disenroll from the MGIB, my basic pay will be reduced $100 per month for 
EACH of the first 12 full months of active duty and this basic pay reduction cannot be REFUNDED, 
SUSPENDED OR STOPPED. 

(b)  Rank/Grade    
                SR 

(c)  Date Signed   
          010410 

 
[Items (4) through (13) omitted.] 
 
(a)  Service Member Signature 
                  /s/ 
3.  STATEMENT OF DISENROLLMENT 
I do not desire to participate in the MGIB.  I understand that I WILL NOT be able to enroll at a later date. 
(b)  RANK/GRADE    
(a)   Service Member Signature 
                 /s/ 
                SR 
4.  SERVICE UNIQUE EDUCATION ASSISTANCE OPTIONS 
 
5.  WITNESSING OFFICIAL 
a. TYPED OR PRINTED NAME 
          [Name omitted.] 
 

(d)  DATE SIGNED   
          010410 

(c)  DATE SIGNED   
         010410 

b. RANK/GRADE    
       SK1/E-6 

c. SIGNATURE 
       /s/ 

VIEWS OF THE COAST GUARD 

 
On  February  25,  2005,  the  Judge  Advocate  General  (JAG)  of  the  Coast  Guard 
 
recommended  that  the  Board  deny  the  applicant’s  request.    The  JAG  stated  that  the 
“record supports a finding that Applicant affirmatively declined enrollment” and that 
the “Coast Guard believes no error exists and that no relief is warranted.” 
 
 
The JAG attached and adopted as part of his advisory opinion a memorandum 
on  the  case  prepared  by  CGPC.    CGPC  recommended  that  no  relief  be  granted  and 
stated  that  “[w]hile  it is  plausible  that  applicant  mistakenly  or  unknowingly  declined 
MGIB  enrollment,  this  is  not  supported  by  the  record,  which  indicates  a  properly 
completed document to disenroll the Applicant from the MGIB.” 
 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

 
 
On  March  1,  2005,  the  Chair  sent  the  applicant  a  copy  of  the  Coast  Guard’s 
advisory opinion and invited him to respond within 30 days.  The applicant requested 
and was granted an extension of the time to respond through July 15, 2005.  However, 
no response was ever received. 
 

FINDINGS AND CONCLUSIONS 

 

 
The  Board  makes  the  following  findings  and  conclusions  on  the  basis  of  the 
applicant's military record and submissions, the Coast Guard's submissions, and appli-
cable law: 
 

1. 

The Board has jurisdiction over this matter pursuant to 10 U.S.C. § 1552.  

The application was timely. 

 
2. 

Under  38  U.S.C.  §  3011(b),  upon  enlistment,  a  member  is  automatically 
enrolled  for  MGIB  benefits  and  deductions  are  made  from  his  basic  pay,  unless  the 
member makes an election under subsection (c)(1).  Subsection 3011(c)(1) states that a 
member “may make an election not to receive educational assistance under this chapter.  
Any such election shall be made at the time the individual initially enters active duty as 
a  member  of  the  Armed  Forces.    Any  individual  who  makes  such  an  election  is  not 
entitled to educational assistance under this chapter.” 

 
3. 

The record indicates that upon his enlistment, the applicant was informed 
when  he  signed  Annex  I  that  he  would  be  automatically  enrolled  in  MGIB  unless  he 
affirmatively  declined  enrollment.    Within  two  weeks,  the  applicant  affirmatively 
declined  enrollment  by  completing  a  DD  Form  2366.    Although  the  applicant  alleged 
that  his  two  signatures  on  the  form  indicate  both  acceptance  and  rejection  of  MGIB 
benefits, he is mistaken.  His first signature was in acknowledgement of the information 
about  MGIB  benefits  provided  in  block  2—including  the  information  that  he  was 
automatically  enrolled  and  could  disenroll  only  by  signing  in  block  3.    His  second 
signature, in block 3, constituted an affirmative disenrollment.  Moreover, his signature 
was witnessed by a first class petty officer in block 5.  Absent evidence to the contrary, 
the Board must presume that the form was completed correctly to reflect the applicant’s 
intention to disenroll.  33 C.F.R. § 52.24(b). 
 

4. 

While it is possible that the applicant ignored the information provided on 
the Annex I and DD Form 2366 and completed the latter form not knowing that doing 
so would disenroll him from MGIB benefits, he has not submitted any evidence to sup-
port  his  allegation  that  this  is  the  case.    His  current  commanding  officer’s  letter  in 
support of his request is not probative of whether the applicant intended to disenroll 
from MGIB when he signed block 3 of the DD Form 2366 on April 10, 2001. 

 
5. 

Accordingly,  the  applicant’s  request  should  be  denied  because  he  has 
failed to prove by a preponderance of the evidence the existence of any error or injustice 
with respect to his disenrollment from MGIB benefits. 
 
 
 
 
 

[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]

The application of xxxxxxxxxxxxxxxxxxxxxx, USCG, for correction of his military 

ORDER 

 

 
 

 
 

record is denied. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

        

 
 Elizabeth F. Buchanan 

 

 

 

 
 
 Donald A. Pedersen 

 

 

 
  Darren S. Wall