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:

	XXXXXXXXXX, Panel Chair
	XXXXXXXXXX, Member
	XXXXXXXXXX, 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.

                                  XXXXXXXXXX
                                  Panel Chair