DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 1542-16 
JAN 03 2017 

Dear

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions of 10 USC 1552. 

A three-member panel of the Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 20 October 2016. Your allegations of error and injustice were 
reviewed inaccordance with administrative regulations and procedures applicable to the 
proceedings ofthis Board. Documentary material considered by the Board consisted ofyour 
application, together with all material submitted in support thereof, your naval record and 
applicable statutes, regulations and policies. 

A review ofyour record shows you entered active duty with the Navy in April 1995. On 25 
October 2003, you sustained traumatic injuries to your right left leg and other related injuries to 
your upper extremities as a result of a motorcycle accident. After undergoing surgery, your leg 
was placed in a cast and you were discharged to your home on 29 October 2003. You were 
placed on 30-days convalescent leave on 30 October 2003 and told not to bear any weight on 
your injured leg. In 2012, you filed your Traumatic Servicemembers' Group Life Insurance 
(TSGLI) claim due to your inability to perform Activities of Daily Living (AD Ls). Your initial 
claim was denied as were your subsequent requests for reconsideration through the TSGLI 
Appeals Board. On 27 January 2016, the Director, Secretary of the Navy Council ofReview 
Boards denied your request for reconsideration resulting your petition to this Board. 

The Board carefully considered your arguments that you deserve to be awarded TSGLI due to 
your inability to perform AD Ls (bathing, dressing, toileting, and transferring) for at least 60 days 
due to a traumatic injury. You provided medical evidence of your injury, treatment records, and 
affidavits describing assistance you received to perform AD Ls. Despite this evidence, the Board 
was unable to find sufficient evidence to support a finding of relief in your case. In examining 
the evidence in your case, the Board concluded that you suffered a traumatic injury to your leg 
and other related injuries, including shoulder injury that may have impacted your ability to use 
crutches, but could not reach the conclusion that the injury was so severe that it required you to 
receive assistance for the performance of AD Ls. While the affidavits support a finding that you 
received assistance, the Board did not agree with your rationale that the assistance was required. 
The evidence showed that you were only told not to bear weight on your leg injury without any 
other restrictions that would have prevented you from performing the AD Ls. There was no 
evidence that you were unable to use your uninjured arm, hands, accommodating equipment, or 
make reasonable adaptations to your behavior or living arrangements to perform ADL.s without 
assistance. The fact you may have suffered a shoulder injury did not convince the Board that 
you required assistance to perform the ADLs. In the Board's opinion, you should have been 
capable ofperforming the ADLs without assistance and they could not find supporting evidence 
to overturn the previous TSGLI decisions made in your case. Accordingly, the Board was 
unable to find an error or injustice warranting a correction to your record and denied your 
application. The names and votes ofthe members of the panel will be furnished upon request. 

It is regretted that the circumstances of your case are such that favorable action carmot be taken. 
You are entitled to have the Board reconsider its decision upon submission ofnew evidence 
within one year from the date ofthe Board's decision. New evidence is evidence not previously 
considered by the Board prior to making its decision in this case. In this regard, it is important to 
keep in mind that a presumption of regularity attaches to all official records. Consequently, 
when applying for a correction ofan official naval record, the burden is on the applicant to 
demonstrate the existence ofprobable material error or injustice. 

Sincerely,