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 8031/0216 of 4 August 2020; a copy of which was previously provided to you for comment.   
 
You requested advancement to Hospital Corpsman Third Class Petty Officer (HM3)/E-4 from the February 2017 (Cycle 100) 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, the policy indicates active duty personnel who convert from USNR to USN may be authorized advancement as a result of participation in a prior NWAE, provided the member is in a selectee status and has a final multiple score (FMS) equal to or greater than the FMS required for the new competitive category in the same rating.  A review of your record reflects you participated in the February 2017 (Cycle 100) NWAE, and subsequently enlisted in the active component (AC) on  
15 March 2017 prior to the results of Cycle 100 being published.  Unfortunately, on 4 June 2017 you were erroneously frocked to HM3/E-4 as your FMS of 105.14 did not meet the AC FMS of 117.35, 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