CASE NO:  AD97-00382

PART II - APPLICATION DATA
(Note: Part I deleted under the Privacy Act on Reading Room copy)

1.  Type of discharge (or characterization of service):  UOHC

2.  Date of discharge (or REFRAD):  960319

3.  Authority for separation:

	a.  Regulation:  Chapter 3, AR 635-200                                                                                                                                                            

	b.  Reason:  In Lieu Of Trial By Court Martial

4.  Prior review(s):  ( X ) NONE

PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review

1.	Service data:                              2.  Awards and decorations:
                                               Type      
a.  Period entered for:  Indefinite            NDSM  
b.  Entry date:  920620                        ASR            
c.  Age:  22 Years   DOB:  691108                                
d.  Educational level:  BS                                       
e.  Aptitude area scores:              
	    GT:  NA        		                 3.  Highest grade achieved:
    f.  Actual creditable service:  3 Years        Grade  
        9 Months  0  Days                          O-2                           

                                               4.  Performance evaluations:  
                                                  ( X ) NONE

OSA FORM 172 (REVISED) 1 MAY 94     PAGE 1
					 CASE NO:  AD97-00382

PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5.  Periods of unauthorized absence:  ( X ) NONE

6.  Nonjudicial punishment:  ( X ) NONE
		                   
7.  Court-Martial data:  ( X ) NONE

	a.  SCM:		( X )  NONE
	    Date		Offense(s)

	b.  SPCM:		( X )  NONE
		Date		Offense(s)

	c.	GCM:		( X )  NONE
		Date		Offense(s)

8.	Remarks:  ( X ) NONE                                                                                                         

SECTION B - Other Service Data
( X ) NONE

	  			  

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	 CASE NO:  AD97-00382

PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1.  Summary of facts and circumstances concerning discharge:

	951019:	Applicant was charged with wrongful use of anabolic steroids 			(950401-950728); wrongfully and dishonorably solict an enlisted 			subordinate, to inject him with anabolic steroids, which conduct, 		under the circumstances, was unbecoming an officer and a gentleman 		(950607); knowingly fraternize with a PFC, and enlisted person under 		his command, on terms of military equality, to wit:  by asking her 		out on a date on two occasions (950419 and 950601); wrongfully 			import anabolic steroids, a Schedule III controlled substance, into 		the customs territory of the United States (950301-950530); purchase 		anabolic steroids, and did transport said steroids into the customs 		territory of the United States (950301-950530).
	951201:	Investigating Officer’s Report of charges under Article 32 			proceedings.
	960207:	Applicant consulted with legal counsel, tendered his resignation 		under the provisions of Chapter 3, AR 600-8-24 in lieu of further 		elimination proceedings; waived his rights to appear before a board 		of officers, or to submit matters in explanation, rebuttal, or 			defense concerning the allegations.
	960208:	Unit commander recommended approval of applicants resignation for 		the good of service with an under other than honorable conditions 		discharge.
	960208:	Intermediate commander recommended approval of applicants 				resignation for the good of service with an under other than 			honorable conditions discharge.
 	960209:	Senior intermediate commander recommended approval of applicants 		resignation for the good of service with an under other than 			honorable conditions discharge.
	960221:	DA Ad Hoc Review Board recommended approval of resignation with 			issuance of an under other than honorable conditions discharge.
	960227:	Deputy Assistant Secretary (DA Review Boards, Personnel security and 		Equal Employment Opportunity Complaints Review) approved 				recommendations.
	960319:	Applicant was discharged.

2.  Issue(s) of propriety and/or equity on DD Form 293 or incorporated by 	reference:

	See Attached DD Form 293
3.  Exhibit(s) submitted:

	A-1:  DD Form 293, dated 961113.
	B-1:	DD Form 293, with seventeen(17) enclosures as submitted by the 			applicant.
	
PART IV - PREHEARING REVIEW
SECTION B - Medical and/or Legal Advisory Opinion
( X ) NONE

PART V - SUMMARY OF REVIEW HEARING

1.  Review/Hearing information:  

	a.  Applicant testified:    (   ) Yes   (   ) No

	b.  Witness(es) testified:  (   ) Yes   (   ) No
	                                                
2.  Exhibit(s) submitted at hearing:  ( X ) NONE

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				CASE NO:  AD97-00382

PART VI - ISSUES AND FINDINGS

1.  a.  Applicant's issue(s) of propriety and/or equity:
	    ( X )	Same as those listed on DD Form 293 and Part IV, Section A, Paragraph 2.
	    (   )	Revised issue(s) furnished in writing by applicant as follows:
	    (   )	Additional issue(s) identified during review/hearing as follows:

    b.  Request:  ( X ) Recharacterization    (   ) Change of Reason

2.  Finding(s), conclusion(s), and reason(s) for the Board's decision(s) on issues of propriety and/or equity:

	a.  Propriety: 	The applicant has not submitted an issue of propriety and the ADRB has not otherwise relied upon an issue of propriety to change the discharge. 

	b.  Equity:	The parenthetical number(s) below correspond(s) to the 			issue number(s) on the DD Form 293, or in Part VI, 				Paragraph 1 above.
  	
3.  Response to item(s) not addressed as decisional issue(s):  ( X ) NA

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			 CASE NO:  AD97-00382

PART VII - BOARD ACTION
SECTION A - Conclusions/Decisions/Vote

1.	Board conclusion(s):

	The discharge was:

	( X )	Proper.
	(   )	Improper as to characterization.  Change characterization to                                     .
	(   )	Improper as to reason.  Change reason to                         under                      .
	( X )	Equitable.
	(   )	Inequitable as to characterization.  Change characterization to                               .
	(   )	Inequitable as to reason.  Change reason to                        
		under                                 .
	(   )	Both proper and equitable, but characterization/reason for separation cited was an administrative/clerical error and should be changed to                      under                         .

2.  Voting record:      Change   No Change
	            Reason       0         5    
    Characterization       0         5   

	  The names and votes of the members of the Board are recorded in Part IX of this document and can be obtained by writing to the address below.  The request must contain the CASE NO. located in the upper right corner of this document.

                  Department of the Army Review Boards Agency
                  ATTN:  CPCD
                  1941 Jefferson Davis Highway, 2nd Floor
                  Arlington, VA  22202-4508

3.  Minority views:  ( X ) NA

OSA FORM 172 (REVISED) 1 MAY 94     PAGE 5
				 CASE NO:  AD97-00382

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified	

                          	
                                                                               
Post Hearing Reviewer	

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

(X) NONE

SECTION B - CERTIFICATION

Approval Authority:

EL CARTIO BARNES
Colonel, U.S. Army
President, Army Discharge
   Review Board

Official:

SHERRY HILL SARGENT
Major, U.S. Army
Chief, Secretary Recorder

EXHIBITS:
A - Application for review of discharge	C - Other 
B - Material submitted by applicant    	

INDEX RECORD:  

AD                                                            A             A                 
1          10 11 12        18    20        26                41       46 49 52

                  A       A       A       A       A                           
                 53      58      63      68      73                           

AD          1     A       A       A       A       A                           
1          10 11 53      58      63      68      73                           

OSA FORM 172 (REVISED) 1 MAY 94     PAGE 6
			 CASE NO:  AD97-00382

PART IX - VOTING RECORD

    Name & Rank                              Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC  UNCHAR

    1.                                 Mbr          X                 X       

    2.                                 Mbr          X                 X       

    3.                                 Mbr          X                 X       

    4.                                 Mbr          X                 X       

    5.                                 PO           X                 X       

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