Spice: A $100,000 decision Published April 19, 2011 By Col. Stephen N. Whiting and Lt. Col. Ira Perkins 21st Space Wing PETERSON AIR FORCE BASE, Colo. -- A few months ago, the command chief and I had lunch with a group of Airmen at the Aragon Dining Facility. While we were eating, one of the Airmen asked why an admitted Spice user in her unit had only received an Article 15 and was just being administratively separated, instead of being court-martialed. Clearly, this Airman was concerned that a drug user was going to be treated the same as she would once she had honorably completed her enlistment. However, nothing could be further from the truth. The Air Force's zero tolerance policy for drug use has dire consequences for those Airmen that choose to engage in any illicit activities -- even if it is only one-time use. To begin, drug users typically get caught. They get caught because Airmen routinely turn them in. They get caught because of undercover investigations by federal, local, and military authorities. They get caught because the Air Force tests for drugs -- even Spice. And when they get caught, the Air Force holds them accountable. If an Airman is guilty of using drugs, their commander has several options, from taking no action to recommending court-marital. This decision is entirely based on the facts of each case -- what kind of drug, frequency of use, was there distribution, record of the Airman, etc. In the Spice case mentioned above, the Airman had experimented with Spice and there was no evidence of drug distribution. Based on the experimental nature of the use, the commander chose to offer an Article 15 to the person. This person could have turned the Article 15 down and demanded trial by court-martial, but instead accepted the Article 15 as an appropriate place to have their case heard by the commander. While this Spice user could have had Area Defense Counsel plead their innocence in front of the commander, they admitted to experimental use. Having found them guilty based on the evidence, the commander had several punishment options -- from no punishment to forfeiture of pay to reduction in rank. The commander reduced this person in rank and forfeited their pay. As can be seen, even experimental Spice use can have dire financial consequences. If experimental use leads to frequent use or experimentation with heavier drugs, the consequences can be even more severe. Drug use is one of the Air Force's most prosecuted crimes, where Airmen are subject to federal conviction, jail, and punitive discharges which carry societal stigma. Within the last year, a 21st SW Airman was court-martialed for a one-time use of cocaine. Another was convicted for using his friend's prescription drugs. Both left the Air Force with federal convictions that will follow them for life. Regardless what punishment a drug user receives for their criminal conduct, one thing is almost certain: their service in the Air Force will end and they will lose substantial benefits. If a commander has an experimental drug user in his unit, the commander must initiate an administrative discharge for drug use -- the commander has no option. It is possible for a drug user to convince the 14th Air Force commander that their use was experimental and that it is in the best interest of the Air Force to keep them. However, this is obviously a big challenge in our current force shaping environment where Airmen with clean records are being separated. Statistically, very, very few Airmen have been retained on active duty using illegal drugs. Unfortunately, in the last year, several Airmen have been discharged for using Spice. In every case, the Airman received an Article 15 and lost rank and forfeited pay before being separated. Shortly thereafter, they were administratively separated from the Air Force with no time to plan for the transition into our nation's tough economic environment. Getting back to the question asked by the Airman over lunch, the Spice user in question certainly wasn't treated the same as Airmen who honorably serve their country. After receiving an Article 15 for misconduct and losing both rank and pay, the Spice user was administratively separated from the Air Force with a general discharge. While a general discharge is not as bad as an under other than honorable conditions and does not carry the societal stigma of courts-martial adjudged punitive discharges, it nonetheless caries a fiscally draconian consequence. Airmen who leave the Air Force with a general service characterization are no longer eligible for the Post-9/11 GI Bill. While the education office can discuss in detail the eligibility requirements, in general an Airman must serve at least three years on active duty and leave the Air Force with an honorable service characterization to fully qualify for this benefit. If you serve longer, you may qualify to give this benefit to your spouse or one of your children. If you haven't heard, the Post-9/11 GI Bill is truly an amazing benefit that the American people have provided to eligible service men and women. The benefit will pay for 36 months (four years of full-time school) of tuition at any public university, and up to $17,500 per year at a private university. Airmen may also be eligible for a housing stipend (at the E-5 with dependents rate) under the Post-9/11 GI Bill for full-time traditional students, as well as helping to pay for books and fees. As the father of two teenagers who I plan to send to college in the next few years, I recently ran some numbers and found that the Post-9/11 GI Bill benefit quickly can exceed $100,000. One of the top reasons many Airmen give for joining the service is the educational benefits (which also includes tuition assistance which I don't have room to discuss in this article). The vast majority of Airmen will faithfully serve and one day depart the Air Force with an honorable service characterization (and their Post-9/11 GI Bill benefits intact). For the few who leave with less than an honorable characterization, however, the price is tremendous. In addition to their service characterization forever being recorded on their DD Form 214 (which many prospective civilian employers want to review before offering employment), they also lose out on the $100,000+ in benefits the Post-9/11 GI Bill would otherwise pay on their behalf. It may be stark, but the next time you might be tempted to depart from our Air Force's expected standards of conduct -- whether it be drug use or any minor misconduct that subjects you to the administrative discharge process -- ask yourself: is giving in to that temptation worth risking more than $100,000 in benefits and a lifetime of having to explain your less than honorable service characterization?