I suspect his arbitrary number of 38, total timing, is based on his experience working with Chevy V8s, Gen 3s or similar.
The Rocket has dual plugs, pent roof, and decent quench area so burns faster and requires less timing, even with it's low static compression ratio.
The reason the older school of though did low base timing with a rising rate and all in by a set RPM then stayed there is simple: Distributors.
With full control of timing and rapid timing attack capability to ramp it up and down very quickly, there's no reason to follow the old flawed model. Lean cruise benefits from highly advanced timing, which, is reflected in the stock tunes, tapering off to a safe "never going to detonate", high RPM timing map. The lower RPM retard in 1st and 2nd, are, as you probably suspect, designed to take some "bite" out of the low speed, low throttle areas and make the bike more civilized at slow speeds.
The Rocket will develop a fairly harsh on/off throttle transition, giving a harsh jolt when cracking the throttle if not tuned right to avoid it.
With my big cam, big head, stock bottom end I tried
28
30
32
at full power. There was no difference between the three, identical dyno plots.
As
@Penner mentions, with high comp pistons and big cams, Spinning to 8k, 25 degrees is enough to achieve max power without risking the motor.
For a good idea of what a Rocket 3 without a Catalytic and TORs likes for timing, look at the VERY old maps put out by triumph. They were much more aggressive than what's been released for the later models. The motors not changed at all, but the timing has significantly. Why? As you say, emissions standards have changed, catalytics have been added, etc.
The most gain from timing on an otherwise stock rocket will be found in the lower mid to mid RPM area, up top near redline, there's not a lot left on the table in the timing map.