DEPARTMENT  OF THE NAVY       
BOARD FOR CORRECTION OF NAVAL RECORDS
	2 NAVY ANNEX
	WASHINGTON DC 20370-51 00	

		TRG
		Docket No: 8543-07
		3 April 2008

This is in reference to your application for correction of your naval record pursuant to the provisions of title 10 of the United States Code section 1552.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 April 2008. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies.

After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice.

You reenlisted in the Navy on 11 January 1980. On 16 December
1983, you were advanced to petty officer first class (PN1; E-6).
	You then served in an excellent manner for several years. On 11
	January 1986 a 10 month extension became effective.

On 18 August 1986 you were convicted by a special court-martial of making a false official statement and larceny from the United States Government. All of the court-martial sentence was suspended for six months except for a reduction to petty officer second class (PN2; E-5). You were honorably discharged on 10 November 1986 at the expiration of your enlistment as extended.

Although the details of your offenses are unknown, it is clear that they were serious offenses committed by a senior petty officer. The Board concluded that a sentence to a reduction in rate was a relatively minor punishment when weighed against the offenses you committed and a correction to your record is not warranted.

Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission of new and material evidence or other matter not previously considered by the Board. In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.

Sincerely,

W. DEAN PFEIFFER
Executive Director