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

Docket No: 2122-19 
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 the entire record, 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 you did not file your application 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 28 October 2019. 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.

You enlisted in the Navy and began a period of active duty on 24 January 1997. On 16 February 2000, you received nonjudicial punishment (NJP) for wrongful use of a controlled substance (marijuana). On 11 April 2000, a psychological evaluation determined that you were not drug dependent. Subsequently, administrative discharge action was initiated by reason of misconduct due to drug abuse/use. You elected to have your case heard before an administrative discharge board (ADB). On 19 April 2000, the ADB unanimously found that you committed misconduct and recommended that you be separated, and a majority recommended that your service be characterized as general (under honorable conditions).  On 14 July 2000, you were discharged for misconduct due to drug abuse with a general (under honorable conditions) characterization of service and a separation code of “HKK” (misconduct).

You request that the Board change your separation code (HKK). You assert that the ADB did not consider that you were suffering from depression and mental anguish due to personal reasons.  You state that you believe that was the beginning of your current depression and that you needed help. The Board carefully weighed all potentially mitigating factors, such as your record of service and desire to change your separation code, as well as your contentions but concluded that these factors were not sufficient to warrant a change to your discharge given your misconduct.  The Board noted that you provided no evidence to support your contentions. Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law and policy and in good faith. Moreover, you have provided no evidence or argument to support your contention that your separation code constitutes a material error or injustice, and the Board did not discern any in the record. The Board thus concluded that corrective action is not warranted.

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,