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. 
 
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 case on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 18 February 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 Navy Personnel Command memorandum 1430 PERS 8031/0202 of 21 July 2020; a copy of which was previously provided to you for comment.   
 
You requested advancement to Engineman First Class Petty Officer (EN1)/E-6 from the March 2012 (Cycle 215) Navy Wide Advancement Exam (NWAE).  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 you did not meet the criteria for advancement in accordance with Bureau of Naval Personnel Instruction 1430.16F.  Specifically, one of the criterion for advancement of Navy Reserve drilling personnel as a result of NWAE completed during a tour on active duty is personnel must be in a “selectee” status and meet the final multiple score (FMS) required for advancement in the Navy Reserve.  A review of your record reflects that you participated in the March 2012 (Cycle 215) NWAE, discharged on 30 April 2012, and affiliated with the Navy Reserve on 1 May 2012 prior to the results of Cycle 215 being published.  Although, you were selected for advancement to EN1/E-6 on active duty effective 16 December 2012 with an FMS of 194.17, you did not meet the Navy Reserve FMS of 197.33, thereby rendering you ineligible for advancement.  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, 
                                                                    
         3/7/2021