RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-00799
INDEX CODE: 108.03
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
The injury to his right shoulder on 10 Jun 90 be determined as having been
incurred in the line of duty.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was a 20 year old airman first class on annual training with seven other
guard members. On the final night of his annual training, the deployment
commander purchased beer to celebrate their last night on deployment. He
was under the legal age to consume alcohol and believes the injury would
not have occurred if the alcohol was not present. Although alcohol and
drugs are listed as being the cause of the injury, there were no drugs
involved.
He was thrown to the ground and wrestled by another service member when the
injury occurred. The other service member was also drinking alcohol. He
immediately knew he had been injured. His right shoulder had been
dislocated. He was later taken to the hospital to have his shoulder reset.
Although the DA 2173 states further treatment was not anticipated, his
shoulder was dislocated three more times during the summer of 1990 and was
surgically repaired that winter. He now suffers daily with pain and has a
limited range of motion. He was on active duty status when the injury
occurred. The DA 2173 was completed in error as many significant facts
were left out.
He was never given an opportunity to review the form after the incident
occurred or before it was signed. He was never given a copy of the form
after it was completed and was not aware it existed. He was not aware of
the ramifications it could have possibly made in the future. His first
view of the form was on 5 Sep 06, after the VA had requested it.
In support of the application, the applicant submits copies of the DA Form
2173, the emergency room treatment report, a letter to SAF/IGQ, special
orders, and his DD Form 214.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was a reservist who was honorably discharged in the grade of
technical sergeant and released from service on 20 Mar 03. He was
discharged due to demobilization. He had served 14 years and 9 days on
active duty.
Examiner's Note: Although the applicant states it is mentioned that
alcohol and drugs were involved, Section 11 of the DA 2173 he provided
indicates the individual was not under the influence of alcohol and/or
drugs.
_________________________________________________________________
AIR FORCE EVALUATION:
NGB/SGPD recommends denial. SGPD states review of the documentation does
not support the claim that the applicant was injured in the line of duty.
In accordance with AFI 36-2910, A5.1.1.1, an injury incurred during the
intemperate use of alcohol should be found to be "due to misconduct" if it
is proven that the intemperate use of alcohol was the proximate cause of
the injury. The applicant clearly states that he consumed alcohol under
the legal drinking age and that "his injury would not have occurred if
alcohol were not present." The emergency room note dated 10 Jun 90, shows
the applicant's chief complaint to be an injured right shoulder secondary
to wrestling.
The complete NGB/SGPD evaluation is at Exhibit C.
NGB/A1POF concurs with SGPD's recommendation and recommends denial of the
applicant's request.
The complete NGB/A1POF evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 21
Sep 07 for review and comment within 30 days. As of this date, this office
has received no response (Exhibit D).
_________________________________________________________________
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 opinion and recommendation of the Air Force office of primary
responsibility and adopt their rationale as the basis for the 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
compelling 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 this application in Executive
Session on 28 November 2007, under the provisions of AFI 36-2603:
Ms. Charlene M. Bradley, Panel Chair
Ms. Karen A. Holloman, Member
Mr. Wallace F. Beard Jr., Member
The following documentary evidence was considered for AFBCMR Docket Number
BC-2007-00799:
Exhibit A. DD Form 149, dated 7 Mar 07, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, NGB/SGPD, dated 27 Aug 07.
Exhibit D. Letter, NGB/A1POF, dated 28 Aug 07.
Exhibit E. Letter, SAF/MRBR, dated 21 Sep 07.
CHARLENE M. BRADLEY
Panel Chair
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