RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-02921 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

She be reinstated in the United States Air Force. As an 
alternative if she cannot be reinstated, her characterization of 
discharge be upgraded to honorable and all derogatory information 
or mention of drug abuse be expunged from her DD Form 214, Certificate of Release or Discharge from Active Duty. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

She received a Letter of Reprimand (LOR) based on an Air Force 
Office of Special Investigation (AFOSI) investigation indicating 
she admitted smoking the substance “Spice” (a brand name for a 
mixture of herbs and other synthetic canabinoid ingredients 
usually smoked for their cannabis-like effects). However, at the 
time she admitted using “Spice,” it was not an illegal substance 
and she quit using it after being contacted by AFOSI. Her 
commander subsequently signed a General Order prohibiting the use 
of “Spice,” but it was after the documented period of her usage 
of the substance. Therefore, she was essentially discharged for 
a policy that did not exist at the time. 

 

In support of her appeal, the applicant provides copies of her 
Testimony Statement; discharge notification and responses; LOR, 
General Order prohibiting usage of “Spice;” and letters of 
support. 

 

The applicant's complete submission, with attachments, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is a former member of the Regular Air Force who 
served on active duty from 29 January 2008 to 27 April 2010. She 
was progressively promoted to the grade of airman first class (E-
3) with an effective date of 11 July 2008 and served as a 
Surgical Service Apprentice. 

 


An AFOSI investigation revealed the applicant and three other 
airmen used “Spice” on several occasions between August and 
October 2009. On 1 February 2010, the applicant received an LOR 
for using “Spice.” On 12 April 2010, she was informed of her 
commander’s intent to discharge her based on drug abuse. The 
applicant consulted with counsel and submitted matters in 
response to the discharge action. On 26 April 2010, after the 
case was found to be legally sufficient, the discharge authority 
directed she be discharged with a general (under honorable 
conditions) discharge. 

 

On 27 April 2010, the applicant was released from active duty 
with a general (under honorable conditions) characterization of 
service and a narrative reason for separation as Misconduct (Drug 
Abuse). She served 2 years, 2 months, and 29 days on active 
duty. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATIONS: 

 

AFPC/DPSOS recommends denial. DPSOS states that in accordance 
with Air Force Instruction (AFI) 36-3208, Chapter 5, Section H – 
Misconduct, paragraph 5.54, airmen who abuse drugs one or more 
times are subject to discharge for misconduct. Paragraph 5.54.1 
defines drug abuse as “illegal, wrongful, or improper use, 
possession, sale, or transfer or introduction onto a military 
installation of any drug.” A drug is any controlled substance as 
defined by Title 21, United States Code, Section 812, or any 
other substance other than alcohol ingested into the body to 
alter mood or function. A substance does not have to be illegal 
or banned by order or regulation. A commander can determine if a 
member’s use of a substance was improper or wrongful based on the 
circumstances of the use. The applicant admitted to using 
“Spice” to alter her mood or function on several occasions. She 
also used “spice” on base, in the dormitories, and with other 
airmen. The commander was well within his discretion to find the 
use improper or wrongful and to initiate discharge action. 

 

DPSOS states that based on the documentation on file in the 
master personnel records, the discharge was consistent with the 
procedural and substantive requirements of the discharge 
instruction and was within the discretion of his discharge 
authority. The applicant did not submit any evidence or identify 
any errors or injustices in the discharge processing. She 
provides no facts warranting reinstatement, or to change her 
character of service and DD Form 214. 

 

The complete DPSOS evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 


AFPC/JA recommends denial. JA states the applicant’s commander 
determined that her use of “Spice” on several occasions with 
three other airmen in the dormitory was wrongful and/or improper. 
This determination is supported by the facts and circumstances of 
the use set forth in the applicant’s AFOSI statement contained in 
the case file. Despite the applicant’s assertion to the 
contrary, a specific ban or prohibition is not required to 
establish wrongful or improper use. The commander’s 
determination was reviewed and found legally sufficient, and the 
separation authority directed discharge. The decisions made in 
the course of the applicant’s discharge were supported by the 
evidence and within the authority and discretion of the 
commanders that made them. There is no evidence of abuse of 
authority or discretion. 

 

The complete JA evaluation is at Exhibit D. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

Copies of the Air Force evaluations were forwarded to the 
applicant on 19 August 2011, for review and comment within 30 
days. As of this date, this office has received no response. 

 

_________________________________________________________________ 

 

THE BOARD CONCLUDES THAT: 

 

1. The applicant has exhausted all remedies provided by existing 
law or regulations. 

 

2. The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file. 

 

3. Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice. We took notice 
of the applicant's complete submission in judging the merits of 
the case; however, we agree with the opinions and recommendations 
of the Air Force offices of primary responsibility and adopt 
their rationale as the basis for our conclusion that the 
applicant has not been the victim of an error or injustice. 
Therefore, in the absence of evidence to the contrary, we find no 
basis to recommend granting the relief sought in this 
application. 

 

________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that 


the application was denied without a personal appearance; and 
that the application will only be reconsidered upon the 
submission of newly discovered relevant evidence not considered 
with this application. 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-02921 in Executive Session on 4 January 2012, 
under the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2011-02921 was considered: 

 

Exhibit A. DD Form 149, dated 14 Apr 11, w/atchs. 

Exhibit B. Applicant's Master Personnel Records. 

Exhibit C. Letter, AFPC/DPSOS dated 12 Aug 11. 

Exhibit D. Letter, AFPC/JA dated 13 Aug 11. 

Exhibit E. Letter, SAF/MRBR, dated 19 Aug 11. 

 

 

 

 

 

 Panel Chair