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. 
 
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 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.  In addition, the Board considered the advisory opinion contained in Officer Accession and Promotions Branch memo 5420 PERS-806 of 5 September 2019; a copy of which was previously provided to you for comment. 
 
On 1 October 2016, you resigned upon completion of required active service.  On 24 January 2019, you accepted an officer appointment in the inactive U.S. Navy Reserve as a  with a permanent/present grade date of 23 April 2016. 
 
You requested that your Officer Appointment Acceptance and Oath of Office effective 24 January 2019 reflect your original date of rank of 1 January 2014; 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 your break in service was 2 years, 3 months, and 21 days.  Per MILPERSMAN 1131-040, if the period of separation is in excess of 6 months, your date of rank will be adjusted.  This period was added to your previous date of rank.  In this connection, the Board substantially concurred with the comments contained in the advisory opinion. 
      
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.