MEMORANDUM OF CONSIDERATION

           IN THE CASE OF:      

	BOARD DATE:           18 November 1999
	DOCKET NUMBER:   AR1999033362

	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. Loren G. Harrell		Director	
	Mr. W.W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Erin J. Olmes		Chairperson	
	Ms. Jennifer L. Prater		Member	
	Mr. James E. Anderholm		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:  Reconsideration of his request to have the Noncommissioned Officer Academy (NCOA) added to his DD Form 214.

APPLICANT STATES:  That the Board did not make every effort to verify if he completed NCOA.  The Staff of the Board should have contacted the NCOA to get the proof of his school completion.  In addition, he states that he would have lost rank if he had failed the NCOA.  Therefore, the fact that he did not lose any rank proves that he completed that school.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 7 January 1998 (COPY ATTACHED).

In support of his request for reconsideration the applicant submits a statement from an individual who states that he was the applicant’s roommate during the NCOA and can attest that he graduated from the school.

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

1.  While the applicant’s roommate may be able to attest that the applicant was present during the time the NCOA was being conducted, he cannot attest to the fact that the applicant graduated.

2.  Graduation from a service school requires passing a physical fitness test and meeting the Army height and weight standards, as well as academic standing.  The applicant’s roommate would not have known if any such deficiencies had precluded the applicant from graduating.

3.  The Board is not an investigative agency.  As such, the burden of proof is with the applicant.

4.  As for the reduction in rank, there is no regulatory basis for reducing a soldier in rank if he or she fails NCOA.

5.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

6.  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

___EJO_  ____JLP_  ___JEA__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR199903362	
SUFFIX		
RECON		
DATE BOARDED	19991118	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.