DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1511-16 FEB 22 2017 Dear This is in reference to your application for correction ofyour naval record pursuant to the provisions oftitle 10 of the United States Code, section 1552. 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 three­member panel of the Board for Correction ofNaval Records considered your application on 31 January 2017. 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 ofyour application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. In regard to your request for a personal appearance, be advised that the Board regulations state personal appearances before the Board are not granted as a right, but only when the Board determines that such an appearance will serve some useful purpose. In your case, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of the record. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice. You began a period of active duty on 9 July 1973, and entered the Naval Academy as a midshipman. You served as a midshipman until 19 March 1974, when you resigned and returned to your civilian status. You were discharged the same day with an honorable characterization of service. The Board considered your request to include your service with National Aeronautics and Space Administration (NASA) from 17 March 1978, through 31 (sic) September 1982. You assert that during that time you provided Cold War service as an Editorial Assistant and a German-language Technical Indexer on "international Aerospace Abstracts (IAA)" and that this employment qualifies you for active-duty service credit that should be reflected on your Certificate of Discharge (DD 214). When making its detennination, the Board noted your assertion that Public Law 85-568 and 111-3 14 entitles you to have your employment with NASA reflected on your record. The Board, in its review ofyour entire record and application, carefully weighed all relevant laws and regulations, noting that Public Law 85-568 relates to the "National Aeronautics and Space Act of 1958" and that Public Law 111 -3 14 relates to "An Act to Enact Certain Laws Relating to National and Commercial Space Programs as Title 51, United States Code, 'National and Commercial Space Programs."' The Laws establish, in part, a civilian agency to exercise control over aeronautical and space activities sponsored by the United States. Although members ofthe military may be assigned to participate in and support the agency's activities, Public Laws 85-568 and 111-314 do not authorize military service credit to civilians employed by the agency. The Board noted that your record and the information you provided do not establish that you were a service member in the Department ofthe Navy between 17 March 1978, through September 1982. Furthennore, the Board noted that you did not provide any legal authority by which the Board can authorize active-duty service credit for your civilian employment at NASA. The Board found that there was insufficient evidence to conclude that your Certificate of Discharge (DD 214) for your service as a midshipman contained any error or injustice. Accordingly, your application has been denied. Your assertion ofsuffering from PTSD due to your "back-office intelligence work" relating to your duties as a German language Technical Indexer on IAA was fully and carefully considered by the Board in light of the Secretary of Defense's Memorandum, "Supplemental Guidance to Military Boards for Correction ofMilitary/Naval Records Considering Discharge Upgrade Request by Veterans Claiming Post Traumatic Stress Disorder" of3 September 2014. In accordance with the guidance, the Board gives liberal and special consideration to treatment documentation of PTSD symptoms and medical detenninations ofthe existence ofservice connected PTSD. The guidance is typically applied when a Board considers whether an individual 's service characterization warrants an upgrade. The guidance is not applicable to requests such as yours which involve an assertion of an error relating to service credit on your discharge documents. Because you received an honorable characterization ofservice for you service as a midshipman, and your request relates to service credit for your civilian duties from 1978 to 1982, the September 2014 PTSD guidance is not applicable to your application for correction. It is regrettable 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 ofnew and material evidence within one year from the date ofthe Board's decision. New evidence is evidence not previously considered by the Board prior to making its decision in your case. 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 ofprobable material error or injustice. Sincerely, Executive Director