AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
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Case heard in Washington, D.C.
+Reason and Authority
SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
PERSONAL APPEARANCE RECORD REVIEW
|| NAME OF COUNSEL AND OR ORGANIZATION | ADDRESS AND OR ORGANIZATION OF COUNSEL
FRANK J. SPINNER 10511 JUDICIAL DRIVE FAIRFAX VA 22030
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MEMBER SITTING HON GEN vorHc | OTHER | DENY
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: ia Soy EM TATE TO THE Be Te
ISSUES A94.06 INDEX NUMBER A67.30 ' . jE APOBITS EDTO THE BOARD Ae
1 /ORDER APPOINTING THE BOARD _.
|2 | APPLICATION FOR REVIEW OF DISCHARGE
3 \LETTER OF NOTIFICATION
4 | BRIEF OF PERSONNEL FILE
COUNSEIL.’S RELEASE TO THE BOARD
ADDITIONAI EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
HEARING DATE CASE NUMBER
20 May 2010 FD-2008-00512
oat PRICANT: 8 SUE AND THE BOARD'S DECISIONAL RATIONALY ql THB ATTACHED AIR FORCE: Tew. SIONAL RATIONALE
Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR.
Names and votes will be made available to the applicant at the applicant’s request.
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR
ANDREWS AFB, MD 20762-7001
AFHQ FORM 0-2077, JAN 00 (EF-V2)
Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE
FD-2008-00512
GENERAL: The applicant appeals for upgrade of discharge to honorable and to change the reason and
authority for the discharge.
The applicant appeared and testified before the Discharge Review Board (DRB), with counsel, at Andrews
AFB on 20 May 2010.
The following additional exhibits were submitted at the hearing:
Exhibit #5: Applicant’s Contentions
The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.
FINDING: The discharge is upgraded to general.
The Board finds that neither the evidence of record nor that provided by applicant substantiates an
impropriety that would justify a change of discharge. However, based upon the record and evidence
provided by applicant, the Board finds the applicant’s character of discharge inequitable.
ISSUE: The applicant contends his discharge characterization was inequitable because it was too harsh and
was inconsistent with the standards of discipline. He contends that his court-martial acquittal for a child sex
offense was improperly held against him in determining his discharge characterization.
The applicant was court-martialed in 2005 for committing indecent acts with his minor stepdaughter and for
assault consummated by a battery on one occasion against his wife. He was acquitted of the indecent acts
charge at a general court-martial, but was found guilty of slapping his wife in the face several times on a
single occasion. At the request of the applicant, the general court-martial convening authority set aside the
applicant’s conviction for this offense, as well as his dismissal, and substituted an Article 15 for the assault
offense. The applicant agreed to accept the Article 15 and submit his resignation in lieu of administrative
discharge action. The applicant also received a letter of reprimand for engaging in an unprofessional
relationship, to include sexual intercourse, with a female staff sergeant in his unit. According to the
applicant, the staff sergeant was due to separate from the Air Force within three weeks of the time he first
asked her on a date. Additionally, the applicant and his wife had separated with no hope of reconciliation.
After he began dating the staff sergeant, she was involuntarily extended on active duty for another six
months. He was discharged with a UOTHC characterization in November 2005.
The Board found the applicant’s testimony credible that the assault incident occurred on only one occasion
and was at least partially in self-defense. Additionally, the Board found it mitigating that the applicant’s
relationship with the staff sergeant occurred when both thought her separation was imminent and at a time in
the applicant’s life when he was separated from his wife and facing serious court-martial charges. He
married the staff sergeant following her separation and after the applicant’s divorce was final and they are
married to this day. The Board found that these two incidents (plus a minor incident where the applicant
received a letler of counseling for improper uniform wear) warranted discharge for misconduct but did not
rise to the level of seriousness that would warrant a UOTHC. However, the Board also did not feel his
conduct warranted a fully honorable discharge, despite the applicant’s outstanding duty record. The Board
determined an under honorable conditions (general) discharge, as was recommended by the general court-
martial convening authority, was appropriate. The Board saw no reason to change the applicant’s reason for
discharge.
CONCLUSION: The Discharge Review Board concludes that the discharge was consistent with the
procedural and substantive requirements of the discharge regulation and was within the discretion of the
discharge authority and the applicant was provided full administrative duc process.
However, in view of the foregoing findings, the Board concludes that the overall quality of applicant’s
service is more accurately reflected by a discharge under honorable conditions (general).
Attachment:
Examiner's Brief
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