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 relevant portions of your naval record and your application, 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.     
 
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 for Correction of Naval Records, sitting in executive session, considered your application on 14 July 2020.  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 Recruiting Command letter 1133 Ser N35 of 21 January 2020; a copy of which was previously provided to you for comment. 
 
On 21 August 1995, you began a program in Air Conditioning and Refrigeration Technology with Universal Technical Institute, .  On 16 August 1996, you graduated, completing 64.50 credit hours.  On 20 March 2000, you began a course of Heavy Equipment with   On 12 May 2000, you graduated, completing 300.5 hours.  On 10 May 2005, you entered active duty as an AA/E-2.  On 15 October 2005, you were discharged due to a disability. 
 
You requested advancement to E-3 upon entering active duty; 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 in accordance with COMNAVCRUITCOMINST 1130.8 Vocational/Technical School, applicants who have successfully completed 1,080 classroom hours at an accredited vocational/technical school may be enlisted in paygrade E2. Applicants who have successfully completed 2,160 classroom hours at an accredited vocational/technical school may be enlisted in paygrade E3. The vocational or technical training must not be part of a high school curriculum and must be at a level beyond high school.  You earned 64.5 vocational credit hours, which equates to 1,290 clock hours.  After combining the 1,290 earned clock hours with the 300.5 earned clock hours, you have a total of 1590.5 earned clock hours combined.  You needed 2,160 classroom clock hours in order to be retroactively advanced to E3.  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.