DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

 
Application for the Correction of 
the Coast Guard Record of: 
 
                                                                                BCMR Docket No. 2008-140 
 
xxxxxxxxxxxxxxxxxxxx 
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FINAL DECISION 

 

 
 

 

This is a proceeding under 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 May 23, 2008, upon receipt 
of  the  applicant’s  completed  application,  and  assigned  it  to  staff  member  J.  Andrews  to  pre-
pare the 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 February 26, 2009, is approved and signed by the three duly 

APPLICANT’S REQUEST AND ALLEGATIONS 

 
 
The applicant asked the Board to correct his records to show that upon his enlistment he 
disenrolled  himself  from  eligibility  for  educational  benefits  under  the  Montgomery  GI  Bill 
(MGIB)1 and to order the Coast Guard to stop deducting his allotments and to reimburse him for 
allotments already deducted from his pay.   
 
 
The applicant alleged that he was miscounseled about how to disenroll from the MGIB 
program during boot camp.  He alleged that the yeoman who counseled him advised him to sign 
block 2 if he wanted to disenroll, so he did.  He later learned that he was supposed to sign block 
5 of the form to disenroll.   
 
 
In support of this allegation, the applicant submitted copies of e-mail messages indicating 
that the Personnel Services Center could not stop his MGIB allotment because he had not signed 

                                                 
1 38 U.S.C. § 3001 et seq.  Under 38 U.S.C. § 3011(b), upon enlistment on active duty, 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.”  Under 38 U.S.C. § 3011(b), unless members purposefully disenroll themselves from 
the program at the time they first enlist on active duty, the Service deducts $100 from their pay each month for the 
first 12 months or until at total of $1,200 has been deducted, and they become eligible for educational benefits. 

the form properly to disenroll.  The e-mails also indicate that the applicant believed that he was 
ineligible  because  of  his  prior  service  in  the  National  Guard,  but  that  service  in  the  National 
Guard is not “qualifying service” and does not render someone ineligible for MGIB benefits.   

SUMMARY OF THE RECORD 

 

 
 
On  December  4,  2007,  the  applicant  enlisted  in  the  Coast  Guard.    He  had  previously 
served in the Army National Guard of Ohio for six years.  On the day he enlisted, the applicant 
and his recruiter signed a “Statement of Understanding for Four Year Active Service: Montgom-
ery G.I. Bill (MGIB,” which stated the following: 
 

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

1. 
duty on or after 01 July 1985. 
2. 
month for each of the first full 12 months of active duty. 
3. 
refund of my money under any circumstances. 
4. 

I am automatically enrolled in the MGIB and my basic pay will be reduced by $100 per 

I  cannot  suspend  or  stop  my  monthly  pay  reduction  under  the  MGIB  and  there  is  no 

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

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

Receive an honorable discharge. 

5. 
$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, universities … 

 
However,  contrary  to  the  above  Statement  of  Understanding,  while  at  boot  camp  on 
 
December 17, 2007, the applicant signed a Basic Enrollment form, DD 2366, for the MGIB in 
block 2.a.  Block 2.a. is for members who are ineligible for MGIB benefits because they disen-
rolled  when  enlisting  on  active  duty  at  some  time  in  the  past  or  because  they  have  already 
received educational benefits through a Service academy or the ROTC.  The applicant’s signa-
ture in block 2.a.  was witnessed by  a first  class  yeoman as the  certifying official.   The  Basic 
Enrollment form appears in the applicant’s record as follows in pertinent part: 
 

2.  STATEMENT OF UNDERSTANDING FOR INELIGIBLE MEMBERS 

I  am NOT  eligible  for  the  MGIB  because  (a) I  am a service  academy  graduate,  or  (b)  I  am  an  ROTC  scholarship 
graduate who received more than the current minimum amount allowed for enrollment in MGIB, or (c) I am a prior 
service member who disenrolled during my previous term of active duty. 
a. SERVICE MEMBER SIGNATURE 
[The applicant signed this block.] 

c. DATE SIGNED (YYYYMMDD) 
    20071217 

b. RANK/GRADE 
       SR/E-3 

3.  STATEMENT OF UNDERSTANDING FOR ALL ELIGIBLE MEMBERS 

(1)  I am automatically enrolled unless I exercise the option to DISENROLL by signing item 5 below. 
(2)  UNLESS I DISENROLL from the MGIB, my basic pay will be reduced $100 per month, or the current monthly 
rate  until  $1,200  has  been  deducted;  this  basic  pay  reduction  CANNOT  be  REFUNDED,  SUSPENDED  OR 
STOPPED, this is an IRREVOCABLE DECISION.  

 
[Items (3) through (10) omitted.] 
 

(a)  Service Member Signature 
                  

(b)  Rank/Grade    
                 

(c)  Date Signed   
          

4.  SERVICE UNIQUE EDUCATION ASSISTANCE OPTIONS 

 
 

5.  STATEMENT OF DISENROLLMENT 

I DO NOT desire to participate in the MGIB.  I understand the benefits of the MGIB program and that I WILL NOT be 
able to enroll at a later date. 
a.  DATE SIGNED (YYYYMMDD) 
                

 c.  SERVICE MEMBER SIGNATURE 
 

b. RANK/GRADE    
                 

a. TYPED OR PRINTED NAME 
          [Name omitted.] 

6.  CERTIFYING OFFICIAL 

b. RANK/GRADE    
       YN1/E-6 

c. SIGNATURE 
       [Signed.] 

d. DATE SIGNED  
(YYYYMMDD) 
          2007Dec17 

The applicant’s Leave and Earnings Statements show that $100 was deducted from his 

 
 
pay each month for the MGIB program after he completed boot camp. 
 

VIEWS OF THE COAST GUARD 

 
 
On October 14, 2008, the Judge Advocate General (JAG) of the Coast Guard submitted 
an advisory opinion in which he adopted the findings and analysis provided in a memorandum 
on the case prepared by the Coast Guard Personnel Command (CGPC).  CGPC recommended 
that the Board grant relief by ordering the Coast Guard to ensure that the applicant is 
 

properly counseled regarding his MGIB entitlement and be afforded the opportunity to elect either 
to  participate  in  the  MGIB  or  disenrollment  from  the  MGIB.   The  applicant  should  make  such 
election on DD Form 2366 as though he had made such election on December 17, 2007.  If the 
applicant elects disenrollment, the Coast Guard should suspend further contributions and refund 
any amounts paid under the erroneously executed DD Form 2366. 

 
 
CGPC stated that the applicant’s DD 2366 was completed erroneously to indicate that the 
applicant was not eligible for MGIB benefits and yet was signed by a certifying official.  In this 
regard, CGPC submitted a copy of Enclosure (1) to COMDTINST 1760.9A, which provides the 
eligibility  criteria  for  the  MGIB  program.    Paragraph  1.A.  states  that  to  be  eligible,  “Service 
members must have entered on active duty for the first time on or after 1 July 1985.  Periods of 
Initial Entry Training (IADT) and Annual Training (AT) of former members of Reserve Com-
ponents do not count as active duty when determining eligibility to participate in the MGIB pro-
gram.”2 
                                                 
2  Title 38 U.S.C. § 3002 states the following regarding what counts as “active duty” for the purpose of the MGIB 
program: 

(6) The term “active duty” does not include any period during which an individual … (C) served 
under the provisions of section 12103(d) of title 10 pursuant to an enlistment in the Army National 
Guard or the Air National Guard, or as a Reserve for service in the Army Reserve, Navy Reserve, 
Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve. 
(7) The term “active duty” includes full-time National Guard duty first performed after June 30, 
1985, by a member of the Army National Guard of the United States or the Air National Guard of 
the United  States in the  member’s status as a  member of the National  Guard of a  State for the 
purpose of organizing, administering, recruiting, instructing, or training the National Guard. 

 
 
CGPC further stated that “[s]ince the applicant indicated that he was ineligible and the 
Coast Guard certified such, he made no further election regarding either accepting or declining 
MGIB.”    CGPC  noted  that  under  Chapter  7.E.2.  of  the  Pay  Manual,  “[e]ligible  members  are 
automatically enrolled [in MGIB] unless they elect not to receive educational benefits within the 
first 2 weeks of active duty.”  Therefore, because the applicant actually was eligible for MGIB 
benefits and because he did not disenroll by signing the DD 2366 in block 5, his enrollment in 
the MGIB program and the deductions from his pay were automatic under the law.   
 
 
CGPC concluded that the Coast Guard “improperly certified that the applicant was not 
eligible to participate in the MGIB at the time of execution of the DD Form 2366.  Since subse-
quent inquiry determined that the applicant was in fact eligible for the MGIB, the DD Form 2236 
is in error.”  CGPC noted that under Article 5.3. of DOD Directive 1332.16, all eligible members 
must be counseled about MGIB benefits and given an opportunity to disenroll from the program 
within 2 weeks of their enlistment on active duty.   
 

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

On October 16, 2008, the Chair sent the applicant a copy of the Coast Guard’s advisory 

 
 
opinion and invited him to respond within 30 days.  No response was received.   
 

 
2. 

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 applicable law: 
 

The Board has jurisdiction over this matter pursuant to 10 U.S.C. § 1552.  The 
application was timely because it was filed within three years of the applicant’s discovery of the 
alleged error in his record, as required by 10 U.S.C. § 1552(b). 

1. 

The applicant has proved by a preponderance of the evidence that he was errone-
ously counseled about his MGIB eligibility during boot camp.  His Basic Enrollment form, DD 
2236, is erroneous in that it indicates that he was ineligible for MGIB benefits.  Under 38 U.S.C. 
§  3002,  the  applicant  was  eligible  for  MGIB  benefits  when  he  enlisted  in  the  Coast  Guard 
because he had never served on “active duty” as defined in that statute.  The first class yeoman 
who was responsible for counseling the applicant, however, certified this erroneous form with his 
signature.  Because of this misinformation, the applicant was deprived of the opportunity man-
dated under 38 U.S.C. § 3011(c)(1) to disenroll from the MGIB program, and $100 allotments 
have been deducted from his pay each month without his consent.  Moreover, the Board notes 
that it is possible that the applicant was not fully informed of the benefits of the MGIB program 
because the counselor apparently believed that the applicant was ineligible.  Therefore, the Board 
finds that the relief recommended by CGPC is appropriate in this case. 
 

Accordingly, relief should be granted by affording the applicant proper counseling 
regarding his MGIB benefits and also the opportunity to elect either to participate in the MGIB 
program or to disenroll from it.  The applicant should make this election on a DD Form 2366 as 

3. 

though he had made it on December 17, 2007.  If the applicant elects disenrollment, the Coast 
Guard should stop further MGIB deductions from his pay and refund any amounts paid under the 
erroneously  executed  DD  Form  2366.    In  addition,  the  erroneous  DD  Form  2366  should  be 
removed from his record. 
 
 
 
 

[ORDER AND SIGNATURES APPEAR ON NEXT PAGE]

The application of SN xxxxxxxxxxxxxxxxx, USCG, for correction of his military record 

is granted as follows: 
 

ORDER 

 

The  Coast  Guard  shall  provide  him  accurate  counseling  about  MGIB  benefits  and  his 
eligibility for them.  After this counseling, he shall be afforded an opportunity to elect on a new 
DD  Form  2366  either  to  participate  in  the  MGIB  program  or  to  disenroll  from  it,  and  this 
election shall be made as though he had made it on December 17, 2007.  The Coast Guard shall 
remove the old, erroneous DD Form 2236, which he signed in block 2.a., from his record.   

 
 Randall J. Kaplan 

 
If  he  elects  disenrollment  from  the  MGIB  program  by  signing  block  5.c.  of  the  new  
DD Form 2366, the Coast Guard shall stop deducting MGIB allotments from his pay and shall 
refund to him any allotments previously deducted from his pay for the MGIB. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 

 
 Ryan J. Wedlund 

 

 
 Dorothy J. Ulmer