Docket No: 6981-20
Ref: Signature Date                                                                                                      
Dear 
 
This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.     
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 October 2020.  The names and votes of the members of the panel will be furnished upon request.  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, relevant portions of your naval record, and applicable statutes, regulations, and policies. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to its understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Navy and began a period of active duty on 2 September 1999.  Your record reflects Aministrative Remarks from February 2001, in which you acknowledged an ineligibility of reenlistment and an assignment of a reentry (RE) code of RE-4.  Although your complete administrative separation package is not reflected in your available service record, your Certificate of Release or Discharge from Active Duty (DD Form 214) reflects that you were discharged from the Navy on 23 February 2001, on the basis of Misconduct (HKK), and received an other than honorable discharge and a reentry (RE) code of RE-4.  
 
In your application for consideration, you contend that the discharge codes are different and inconsistent, and your signature was forged on your DD Form 214.  You state that you do not have a history of substance abuse, the “HKK” separation code insinuates that drug abuse was the reason for separation, and that you have never been to Captain’s Mast.  You state that you were allowed to keep your military identification card, and indicate that this is a “red flag.”  You also provide a letter of support from your spouse, which purports to raise concerns about your discharge and states in part that your DD Form 214 appears to be altered, with an outdated DD Form 214 (1988) being used instead of the updated 2001 form for the year of your discharge. 
 
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your contention that your DD Form 214 has a forged signature.  The Board first found that the use of the 1988 format for the issuance of your DD Form 214 did not invalidate the information contained therein, nor did the use of an older form create an error or injustice that warranted corrective action.  The Board noted your concerns about your signature and the HKK separation code, but absent the complete administrative separation package or evidence from you which supports your assertions, the Board determined that there is insufficient support to take corrective action.  An HKK separation code is assigned when a Sailor is separated on the basis of misconduct due to drug abuse, and can be assigned due to an isolated incident of wrongful use rather than a history of substance abuse.  The Board relied on the presumption of regularity to find that your DD Form 214 was issued without error or injustice, and that the HKK separation code was properly assigned.  The Board did note that if you were to provide your administrative separation package within the prescribed reconsideration timeframe, and the administrative separation package showed that you were separated on basis that is different than drug abuse, the Board would be amenable to reconsidering your request.  Absent the administrative separation package and based on the current information you provided, however, the Board found there is not sufficient evidence to support changing your discharge information.   
 
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 matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or 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,