MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  24 August 2000
	DOCKET NUMBER:  AR2000041876

	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	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Allen L. Raub		Member	
	Mr. Curtis L. Greenway		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)

APPLICANT REQUESTS: That his records be corrected by removing evidence of traffic violations, which occurred prior to entry into the Army.

APPLICANT STATES: That the violations occurred prior to his entry into the Army and will have a negative bearing on his career.

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

On 6 July 1987, the applicant enlisted in the Army in pay grade E-1.  In the preparation of his enlistment packet, he indicated he had two prior traffic violations.  He has been promoted to staff sergeant, pay grade E-6.

On 15 June 2000, the Commander, US Army Enlisted Records and Evaluation Center (EREC) opined that the individual concerned provided the information at the time of his enlistment and that it should not be removed.

On 22 June 2000, the EREC opinion was furnished to the applicant for his acknowledgment/rebuttal.  He did not respond.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:

1.  The evidence of record shows that this information was provided by the individual concerned and formed a basis for his enlistment into the Army.  That information in his enlistment packet does not constitute an error or injustice.

2.  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.

3.  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

__gp__  __ar___  ___cg___  DENY APPLICATION

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

INDEX

CASE ID	AR2000041876	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000824	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.100	Remove traffic violation	
2.		
3.		
4.		
5.		
6.