DEPARTMENT.OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 
Docket No. 7585-15 
MAY 2 0 2016 


This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552. 
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 April 2016. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the pr oceedings of this Board. Document ary material considered by the Board consisted of your application, together with all material submitted i n support thereof, your naval record and applicable statutes, regulations and.policies. A review of your record shows that you suffered a traumatic injury to your fingers on 20 August 2011 when a primer f unctioned on ordnance which you were working on. This resulted in your hospital ization and payment of $25,000. in Traumatic Servicemembers • Group Life Insurance (TSGLI) for your period of hospitalization. You subsequently f iled additional TSGLI claims for .loss of activities of dail y living (ADLs) totaling over 3.0 days. Your requests were denied and appealed through the TSGLI Appeals Boar d which denied your appeal on two separate occasions. 

The Board carefully considered your argument s that the TSGLI office and subsequent appellate authorities wrongfully denied your request for payment of TSGLI for your loss of ADLs beyond the first 30 days from which you suffered your traumatic injury. You contend that their findings are not consistent with t he statements your provided , medical reports, and TSGLI guidelines. In your opinion, the preponderance of t he evidence requires approval of your claim. Unfortunately, the Board did not agree with your rationale for relief. The Board w~s sympathetic to the severity of your injuries and the difficulties you encountered with performing ADLs , however they f elt there was concl usive evidence that you did not require assistance in performing your ADLs beyond 26 September 2011. As pointed out by the TSGLI Appeals Board, the occupational therapy note·s. from 8 September 2011 state that you were complet ely independent in performing your ADLs except for fully dressing. By 26 September 2011, the therapy notes show that you were able put on pants independently. This evidence convinced the Board that, while your injuries may have been severe and you may have received assistance in performing ADLs from your spouse beyond 26 September 2011 due the difficulty you were experiencing, you did not require that assistance and were able to perform your ADLs independently after that date. Therefore you do not qualify for addit ional TSGLI payments beyond the $25,000 you recei ved for your period of hospitalization. Accordingly, the Board was unable to find an error or injustice warranting a correction to your record and denied your application. Your request for a · personal appearance before the Board has also been deni ed. The Board felt it had sufficient evidence to make a decision in your case and your presence was not required. The names and votes of the members of the panel will be furnished upon request. 

It is regretted that the circumstances of your case are such that f avorable action cannot be t aken. You are entitled to have the Board reconsider it s decision upon submi ssion of new evidence within one year from t he date of t he Board ' s decision. . New evidence is evidence not previously considered by the Board pr ior to maki ng its decision in this case. In this regard, it is important to keep in mind that a presumption of regular i t y attaches to all of ficial records. Consequently, when applying for a correction of an of ficial naval record, the burden is on the applicant to demonst rate the existence of probable material error or injustice. 
Sincer ely, 


-Executi ve Director