RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			   DOCKET NUMBER: BC-2013-00791

		COUNSEL:  NONE

		HEARING DESIRED:  NOT INDICATED

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APPLICANT REQUESTS THAT:

1.	His general (under honorable conditions) discharge be 
upgraded to honorable.

2.	His reason for separation be changed from drug abuse to 
medical/mental disorder. 

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APPLICANT CONTENDS THAT:

He was not given a fair chance to correct his behavior before 
the Air Force discharged him for misconduct due to drug abuse.  

He was having a lot of mental problems while on active duty that 
can be verified through his service treatment records.  He does 
not think the Air Force really tried to help him not use drugs.  
He was allegedly using synthetic drugs; however, he was involved 
in drug apprehension as a Security Forces member.  Had the Air 
Force done more to help him with his mental problems, he could 
have finished his enlistment.

His overall conduct while in the military was good except for 
this alleged drug abuse.  Additionally, his Army Achievement 
Medal should have been considered in the type of discharge he 
received.  

In support of his appeal, the applicant provides his DD Form 
214, Certificate of Release or Discharge from Active Duty, Army 
Achievement Medal, DA Form 638, Recommendation for Award and 
AF IMT 100, Request and Authorization for Separation, a 
certificate of completion from an extended care program and a 
certificate of sobriety.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 24 June 2008.  
The applicant was separated on 25 May 2011 with a general (under 
honorable conditions) discharge.  His narrative reason for 
separation was listed as misconduct – drug abuse.

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the Air Force office of 
primary responsibility which is listed at Exhibit B.  

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AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial.  On 2 May 2011, the applicant was 
notified of his commander’s intent to discharge him from the Air 
Force for drug abuse.  Specifically, between on or about 
September 2009 and December 2009, he failed to obey a lawful 
order by wrongfully using a form of synthetic marijuana commonly 
known as spice.  The applicant submitted a statement in which he 
admitted to using spice.

The presence in the military environment of a person who abuses 
drugs seriously impairs the accomplishments of the military 
mission.  Drug abuse is also a substantial departure from the 
conduct expected of an airman and warrants a general discharge 
characterization.

AFI 36-3208, Administrative Separation of Airmen, Misconduct, 
states that airman who abuse drugs one or more times are subject 
to discharge for misconduct.  Paragraph 4.54.1 defines drug 
abuse as illegal, wrongful or improper use, possession, sale, 
transfer or introduction onto a military installation of any 
drug.  A drug is a controlled substance as defined by Title 21 
United States Code 812, or any other substance other than 
alcohol ingested into the body to alter mood or function.

Discharge processing for drug abuse is mandatory.  Drug use is 
abuse if it is illegal, improper or wrongful.  If an order or 
regulation prohibits the use of a substance, discharge 
processing is also mandatory.  A substance does not have to be 
illegal or banned by order regulation, a commander can determine 
a members use of a substance was improper or wrongful based on 
the circumstances of the use.

The applicant used spice to alter his mood or function on 
several occasions.  He used spice on base and in the company of 
other airmen.  The commander was well within his discretion to 
find the use improper or wrongful and initialed discharge 
action.  


Based on the documentation in the file, the discharge action was 
consistent with the procedural and substantive requirements of 
the discharge instruction and was within the discretion of the 
discharge authority.  The applicant did not submit any evidence 
or identity any errors or injustices in the discharge 
processing.  He provided no facts warranting a change to his 
character of service or changes to his DD Form 214.

The complete DPSOR evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 5 April 2013, for review and comment within 30 days 
(Exhibit C).  As of this date, this office has received no 
response.

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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 find no evidence of an error or injustice 
that occurred during the discharge process.  Based on the 
available evidence of record, it appears the discharge was 
consistent with the substantive requirements of the discharge 
regulation and within the commander's discretionary authority.  
The applicant has provided no evidence, which would lead us to 
believe the narrative reason for separation was contrary to the 
provisions of the governing regulation.  Therefore we agree with 
the opinion and recommendation of the Air Force office of 
primary responsibility and adopt its rationale as the basis for 
our conclusion that the applicant has not been the victim of an 
error or injustice.  In the absence of evidence to the contrary, 
we find no basis to recommend granting the relief sought.  

4.  The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved.  
Therefore, the request for a hearing is not favorably 
considered.


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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.

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The following members of the Board considered AFBCMR Docket 
Number BC-2013-00791 in Executive Session on 5 November 2013, 
under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Jan 13, w/atchs. 
    Exhibit B.  Letter, AFPC/DPSOR, dated 27 Mar 13.
    Exhibit C.  Letter, SAF/MRBC, dated 5 Apr 13.