DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE  1001
ARLINGTON,  VA  22204-2490

Docket No: 2731-19 
Ref: Signature Date

From: Chairman, Board for Correction of Naval Records 
To:   Secretary of the Navy

Subj:

Ref:  (a) 10 U.S.C. § 1552

Encl: (1) DD Form 149

1. Pursuant to the provisions of the reference, Petitioner, a former enlisted Sailor, filed enclosure(1) with this Board, requesting a change of his separation code.

2. The Board, consisting of	, reviewed Petitioner’s allegations of error and injustice on 28 October 2019 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosure, relevant portions of Petitioner’s naval records, and applicable statutes, regulations, and policies.

3. The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice, finds as follows:

   a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulation within the Department of the Navy.

   b. Petitioner enlisted in the Navy and began a period of active duty on 10 July 2001. Between 27 November 2001 and 6 May 2003, Petitioner received non judicial punishment on five occasions for failure to obey orders, false official statement, disorderly conduct/drunkenness, destruction of property, larceny, unauthorized absence, indecent exposure, and indecent acts with another. As a result, Petitioner ultimately was administratively separated by reason of misconduct due to a pattern of misconduct.  Accordingly, Petitioner’s DD Form 214, block 26 reads “HKK” (misconduct due to drug abuse). On 19 February 2013, the Naval Discharge Review Board noted the administrative error in block 26 and recommended to the Naval Personnel Command that it be corrected to read “JKA,” the separation code for pattern of misconduct.  There is no DD Form 215 in Petitioner’s record.

   c. Petitioner asserts that the separation code on his DD Form 214, HKK, is in error because he was not discharged for drug abuse/use and there were no instances of drug abuse or use in his record.  He claims that the current separation code is an injustice, as many employers are aware of the meanings of the codes and he would be prejudiced for housing, which would be devastating given his history of homelessness. The Board noted that the Naval Message pertaining to Petitioner’s separation originally read “HKK,” with a pen change to “JKA.”

CONCLUSION

Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting relief.

RECOMMENDATION

In view of the above, the Board directs the following corrective action.

Petitioner’s naval record be corrected by changing block 26 to read “JKA.” 

Petitioner be issued a new DD Form 214.

That no further action be granted.

A copy of this report of proceedings be filed in Petitioner’s naval record.

4. It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above-entitled matter.

5. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)), and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of the reference, has been approved by the Board on behalf of the Secretary of the Navy.