MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           27 February 2001                   
	DOCKET NUMBER:   AR2001051361

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Roger W. Able		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 Service School Academic Evaluation Report, DA Form 1059, be corrected.

APPLICANT STATES:  That he was not involved in an alcohol-related incident.  He provides his DA Form 1059 and the U. S. District Court judgment as supporting evidence.

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

He enlisted in the Regular Army on 12 December 1985.  He was promoted to Staff Sergeant, E-6 on 1 April 1996.

On 1 June 1999, the applicant began the Drill Sergeant Course at Fort Benning, GA.  On 31 July 1999, he was involved in a traffic accident.  On 3 August 1999, he was dropped from the Drill Sergeant Course.  His DA Form 1059 shows that he was dropped for being involved in an alcohol-related incident and therefore  for failing to maintain high standards of conduct and professionalism.  On          19 November 1999, he pleaded nolo contendre to reckless driving and speeding.

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

1.  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.

2.  The applicant provides only the evidence that shows the offenses for which he pleaded nolo contendre.  He provides no evidence to show the offenses for which he was arrested.  Based on rules of evidence or plea bargaining, an individual may or may not be charged with all offenses for which he/she is arrested.  If that was the case here, it would not necessarily negate the fact that he was involved in an alcohol-related incident.  Absent evidence to the contrary, the Board presumes that the Drill Sergeant Course had evidence to show he was involved in an alcohol-related incident and dropped him from the Course accordingly.

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

__jns___  __mhm___  __rwa___  DENY APPLICATION

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

INDEX

CASE ID	AR2001051361	
SUFFIX		
RECON		
DATE BOARDED	20010227	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	111.0100.0012	
2.		
3.		
4.		
5.		
6.