Dear Mr.: 
 
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. 
 
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 application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 18 December 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, as well as applicable statutes, regulations, and policies. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Marine Corps and began a period of active service on 13 September 1993.   On 15 January 1995, your commanding officer recommended your discharge with a general characterization of service by reason of misconduct-commission of a serious offense.  On 23 January 1995, you were convicted of two specifications of rape at a general court-martial (GCM).  On 7 June 1995, you were notified of the initiation of administrative separation processing by reason of misconduct-commission of a serious offense.  On 12 June 1995, you elected to consult with counsel, requested an administrative discharge board, and elected to obtain copies of any documents that were to be forwarded to the commanding general to support the proposed discharge.  On 23 June 1995, your administrative separation proceedings were determined to by sufficient in law and fact.  On 29 June 1995, the discharge authority approved and directed a general characterization of service.  You were discharged on 21 July 1995. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contentions that your discharge was improper and that you were confined for a crime you did not commit.  With regard to your assertion that you did not commit rape, please understand that the Board has no authority to overturn the findings of guilty rendered by a court-martial and must restrict its review to the fairness of the sentence imposed.  The Board determined that you were issued the appropriate sentence.  Further, The Board concluded that the severity of your misconduct outweighed your current desire to upgrade your discharge.  The Board in it review discerned no error or injustice in the discharge. 
 
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 the 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.