RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04487 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Traumatic Servicemembers’ Group Life Insurance (TSGLI) Protection claim be approved. APPLICANT CONTENDS THAT: In September 2003, while deployed to Iraq, he fell off a forklift and suffered a groin injury which resulted in him losing his left testicle. He submitted a claim for TSGLI; however, it was denied. He served his country honorably and wants the Board to consider his claim. In support of his appeal, the applicant provides a personal statement and an eyewitness statement. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 2 Apr 2002, the applicant enlisted in the Regular Air Force. According to the applicant’s medical records, he has a history of left testicular pain and surgery since the age of 14. On 5 May 2005, Public Law 109-13, established a traumatic injury program designed to provide financial assistance to service members during recovery from a serious traumatic injury (not necessarily as a result of combat). The insurance (TSGLI) is a rider to the member’s Servicemembers’ Group Life Insurance (SGLI) policy. TSGLI pays a monetary benefit from $25,000 to $100,000 for covered losses that are incurred by the member as a result of a traumatic injury. Code of Federal Regulation (CFR) Title 38, part 9.20 prescribes that each uniformed service will certify its own members for traumatic injury protection benefits based upon section 1032 of Public Law 109-13, and section 501 of Public Law 109-233. The uniformed service will certify whether a servicemember, at the time of the traumatic injury, was insured under SGLI and whether they have sustained a qualifying loss. In September 2005, the applicant’s left testicle was surgically removed. On 5 Jan 09, the Department of Veteran’s Affairs granted the applicant service-connection for left testicular post-operative removal with chronic pain and testicular microlithiasis (also claimed as left sided groin pain) with a zero percent disability rating. He also was granted entitlement to special monthly compensation based on the anatomical loss of creative organ. AIR FORCE EVALUATION: AFPC/DPFC recommends denial. The applicant’s claim does not meet the TSGLI eligibility criteria for payment of loss of a testicle. In order to qualify for TSGLI, there must be a traumatic event, as defined by the TSGLI law, which causes physical damage to the body resulting in a scheduled loss. Also, the scheduled loss must occur within two years of the traumatic event. Injuries excluded from TSGLI payments include an injury that is caused by a mental or physical illness/disease or medical treatment of an illness/disease. The applicant reported he injured his left testicle when he fell off a forklift in September 2003; however the specific date is unknown and there are no medical records that document the incident. His left testicle was surgically removed on 8 September 2005. The applicant’s original TSGLI claim and appeal were denied because the medical records indicate that he had chronic testicular issues, dating back to age 14, according to enlistment medical records and Medical Evaluation Board documents. DPFCs position remains firm that the applicant’s testicular issue/loss was caused by an illness/disease rather than a traumatic event as established in CFR Title 38 part 9.20. The complete DPFC evaluation, with attachments, is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 8 May 2014, for review and comment within 30 days (Exhibit D). As of this date, this office has not received a response. THE BOARD CONLUDES 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 an 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 (OPR) and adopt the rationale expressed as the basis for our conclusion the applicant has not been the victim of an error or injustice. In view of the above and in the absence of evidence to the contrary, we find no 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 AFBCMR Docket Number BC-2013-04487 in Executive Session on 28 Aug 14, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 18 September 2013, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPFC, dated 17 April 2014. Exhibit D. Letter, SAF/MRBR, dated 8 May 2014.