| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Mr. John N. Slone | Chairperson | |
| Mr. Melvin H. Meyer | Member | |
| Mr. Roger W. Able | Member |
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
| 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. |
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