Dear ,  
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  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 insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.     
 
A three-member panel of the Board, sitting in executive session, considered your application on 7 January 2021.  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.  In addition, the Board considered the advisory opinion contained in Commander, Navy Recruiting Command letter 1133 Ser N35 of 10 November 2020; a copy of which was previously provided to you for comment. 
 
On 14 August 2014, you enlisted for 8 years in the U.S. Naval Reserve.  On 3 April 2015, you were discharged from the Delayed entry/Enlistment program (DEP) coded as CIV (ineligible due to Civil Matters, Lawsuits, Court dates, etc.).  On 23 April 2015, you enlisted for 8 years in the U.S. Naval Reserve, 6 of which will be in an active drilling status as a Selected Reservist and the remaining 2 years in the non-drilling individual Ready Reserve (IRR).  On 16 November 2015, you entered active duty, and you were released from active duty and transferred to the Navy Reserve after completing of required active service on 24 May 2016. 
 
You requested change your Date of Initial Entry to Military Service (DIEMS) and Pay Entry Base Date (PEBD); the Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  However, the Board concluded that both your DIEMS and PEBD are correct.  In accordance with DoDI 1304.25, DEP and DET members who are discharged for any of the reasons specified in Reference (h) are not credited for service incurred in fulfillment of the MSO, and any future enlistment or appointment of such persons will be treated as an original entry into military service.  Furthermore, DoD 7000.14-R FMR Volume 7A, Chapter 1, For most members who enter and serve on active duty without a break in service, the basic pay date is the date the member enters active or inactive service.  Service as an enlisted member in a Reserve Component, including Ready Reserve service (inactive and active) under the Delayed Entry (Enlistment) Program (DEP), before beginning active duty or an initial period of Active Duty Training (ADT), provided the Reserve enlistment was entered into before January 1, 1985.  In this connection, the Board substantially concurred with the comments contained in the advisory opinion. 
 
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,