From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:  REVIEW OF NAVAL RECORD  
 
 
Ref:   (a) Title 10 U.S.C. § 1552 
 
Encl:  (1) DD Form 149 
 
1.  Pursuant to the reference, Subject, a former enlisted member of the Marine Corps, hereinafter referred to as Petitioner, filed the enclosure with the Board for Correction of Naval Records (Board) requesting, in effect, that the applicable naval record be corrected to grant him $100,000 in TSGLI benefits for suffering 2nd Degree burns over 20% of his face. 
 
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 12 March 2020, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record.  Documentary material considered by the Board consisted of the enclosures, relevant portions of the naval records, as well as applicable statutes, regulations, and policies. 
 
3.  The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations of error and injustice, finds as follows: 
 
     a.  Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. 
 
     b.  Petitioner was an active duty member of the Marine Corps on 13 September 2017 when he was injured during a fire onboard an Amphibious Assault Vehicle.  He suffered 2nd degree burns to his face, eyelids, forearms, and wrists requiring hospitalization at a civilian hospital.  Hospital photographs provided by Petitioner show burns on both sides of Petitioner’s face.  Petitioner was released from the hospital on 13 September 2017, however, a burn chart was not completed until 20 September 2017.  Petitioner’s civilian provider completed the burn chart on that day documenting .5% burns to Petitioner’s head. 
 
     c.  Petitioner filed a TSGLI claim for facial burns and loss of activities of daily living.  He was denied based on lack of evidence to support his claim.  His reconsideration request was denied on 28 January 2019 by Headquarters, U.S. Marine Corps based on a lack of evidence.  Petitioner subsequently filed an appeal to the TSGLI Appeals Board arguing that his 20 September 2017 burn chart was inaccurate.  His appeal was denied on 8 August 2019 based 
on the 20 September 2017 burn chart that documented Petitioner suffered facial burns to less than 20% of his face. 
 
     d.  Petitioner’s military primary care physician at the time provided a statement dated 6 December 2019 documenting that Petitioner suffered 2nd degree burns to 2.5% of his face that formed 4.5% of the TBSA. 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting relief.  Specifically, the Board determined that Petitioner suffered burns to over 20% of his face, qualifying him for payment of $100,000 for his TSGLI claim.  The Board relied on the 6 December 2019 statement from Petitioner’s provider that documented burns to 2.5% TBSA of his face along with hospital photographs that show his burns were much greater than those documented in the 20 September 2017 burn chart.  Based on the documented 2.5% TBSA burns to Petitioner’s face, the Board calculated that Petitioner suffered facial burns to greater than 20% of his face and qualified for a TSGLI payment of $100,000.  The Board noted that the example on page 17 of the TSGLI Procedures Guide uses the same 2.5% facial TBSA burn to calculate 71% of the face is burned. 
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
That Petitioner’s naval record be corrected by paying Petitioner $100,000 in fulfillment of his TSGLI claim due to 2nd degree facial burns over 20% of his face. 
 
4.  It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above-entitled matter. 
 
5.  Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)), and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy.