IN THE CASE OF: BOARD DATE: 9 January 2023 DOCKET NUMBER: AR20220004692 APPLICANT REQUESTS: release of closed year payments for his Student Loan Repayment Program (SLRP). APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * (online) DD Form 149 (Application for Correction of Military Record) * National Guard Bureau memorandum FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states, in effect, he requested an Exception to Policy (ETP) for Student Loan Repayment Program (SLRP) in 2018-2019. It was later approved; however, he has not received any payments from the Texas Army National Guard (TXARNG). He recently has been in contact with them. He was told that the National Guard Bureau (NGB) cannot process his closed year request. Further advising him to submit his request through the Army Board for Corrections of Military Record (ABCMR). In another email, he was told that the system went down over the summer and had not come back, which resulted in significant backlogs. 3. The applicant provides a copy of a National Guard Bureau (NGB) memorandum, dated 2 May 2019, Subject: Request for Exception to Policy for Student Loan Repayment Program, which shows his request to retain the $50,000.00 SLRP was disapproved for the discrepancies listed below: * Failed multiple consecutive For Record Army Physical Fitness Tess (APFT) which violates Army Regulation 601-210, paragraph 10-6 * He was a glossary non-prior service (NPS) applicant which violated Army National Guard (ARNG) Chaplain, Health Professional and Enlisted Loan Repayment Programs (CHELRP) 4. A review of the applicant’s service record shows: a. He enlisted in the Texas Army National Guard on 25 May 2010. b. NGB Form 22 (National Guard Report of Separation and Record of Service) shows he was honorably discharged from the Army National Guard of Texas and as a Reserve of the Army on 24 April 2018, under the provisions of NGR 600-200, paragraph 6-35a, expiration of term of service (ETS). He served 7 years and 11 months of net service this period. 5. National Guard Bureau advisory opinion, dated 21 September 2022, recommends partial approval and further states: a. [Applicant] requests payment of Student Loan Repayment Program (SLRP) incentive for which he had 3 loans that had been verified as disbursed Title IV Federal loan(s) not in default at the time of his approval for repayment under SLRP. [Applicant] asserts that his request for an exception to policy (ETP) by the Army National Guard Incentives Branch to retain a $50,000 SLRP due to having failed two consecutive APFTs which violates Army Regulation 601-201, paragraph 10-6(b) was approved, but no additional payments have been made since the ETP approval. b. A review of documents and data within the Guard Incentives Management System (GIMS) showed that the Soldier entered into an SLRP agreement on 25 May 2010 with the Texas Army National Guard for a term of eight years in UIC PM5T0 with a Military Occupational Skill as a 68W, which had an authorization for SLRP. Payment was later stopped due to two consecutive APFT failures. c. [Applicant] requested an ETP, which was denied, and not approved as stated by the [applicant] in his Army Board of Correction for Military Records (ABCMR) application. The National Guard Incentives Oversight Branch 2019 but did state that any payments prior to the second APFT failure should be made as closed year payment. d. It is the recommendation of this office that the applicant’s request be partially approved. [Applicant] had a second APFT failure in October 2014. Payments for 25 May 2011, 2012, 2013, and 2014 all preceded the second APFT failure. [Applicant] is entitled to those payments, but are now in the closed year status. The input provided by both the State Incentive Manager and the ARNG incentives office conclude that any payments prior to the second APFT failure should be made. 6. Army Regulation (AR) 600-4 (Remission or Cancellation of Indebtedness) in accordance with the authority of Title 10 USC, section 4837, the Secretary of the Army may remit or cancel a Soldier’s debt to the U.S. Army if such action is in the best interest of the United States, the debt was incurred while on active duty or in an active status, and the Soldier received an honorable discharge (if separated from active duty). Under Title 10, United States Code (USC), section 4837 a debt acknowledged as valid may be remitted or cancelled. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board determined that relief was not warranted. The Board carefully considered the applicant’s contentions, the military record, and regulatory guidance. The Board reviewed the National Guard Bureau advisory opinion which recommends partial relief and would allow for the applicant to retain payments received prior to the second APFT failure. One possible outcome was to grant partial relief. However, the majority of Board members, notwithstanding the advisory, determined the documentation available for review insufficient to warrant a recommendation for relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. AR 600-4 (Remission or Cancellation of Indebtedness) in accordance with the authority of Title 10 USC, section 4837, the Secretary of the Army may remit or cancel a Soldier’s debt to the U.S. Army if such action is in the best interests of the United States, the debt was incurred while on active duty or in an active status, and the Soldier received an honorable discharge (if separated from active duty). Under Title 10, United States Code (USC), section 4837 a debt acknowledged as valid may be remitted or cancelled. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220004692 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1