DEPARTMENT OF THE NAVY 

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

Docket No. 1560-16 
DEC 27 2016 

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 ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 3 November 2016. Your allegations of error and injustice were 
reviewed in accordance with administrative regulations and procedures applicable to the 
proceedings ofthis Board. Documentary material considered by the Board consisted of your 
application, together with all material submitted in support thereof, your naval record and 
applicable statutes, regulations and policies. 

A review ofyour record shows that you were involved in a motor vehicle accident on 13 June 
2002 where you suffered a number of traumatic injuries including an open left tibia fracture, 
right talar dome fracture, and left clavicle fracture. You were discharged from the hospital on 2 
July 2002 after surgery and released to your home. You continued to be treated for your injuries 
through 2004 when you were discharged from the Marine Corps. On 27 May 2015, you filed a 
Traumatic Servicemembers' Group Life Insurance (TSGLI) claim for your hospitalization and 
inability to perform at least two activities ofdaily living (ADLs) without assistance between 13 
June 2002 and 5 May 2003. On 30 July 2015, your claim for 15 days of hospitalization was 
approved but you were denied compensation for your inability to perform AD Ls without 
assistance. On 19 August 2015, you requested reconsideration of your claim and were denied 
by Headquarters, U.S. Marine Corps on 4 November 2015 due to insufficient nedical 
documentation that supported your loss ofADLs. On 31 December 2015, you appealed this 
decision to the TSGLI Appeals Board. On 28 January 2016, your appeal was denied llased, 
again, on insufficient evidence to support your claim. 

The Board carefully considered your arguments that your traumatic injury required you to 
receive assistance to bathe and dress for over 120 days. You assert that the seriousness of your 
injuries and the certification by the medical provider supports your claim. Unfortunately, the 
Board disagreed with your rationale. First, the Board concurred with the rationales of 
Headquarters, U.S. Marine Corps and TSGLI Appeals Board that your case lacks the medical 
evidence to support a finding that you required assistance to perform the two AD Ls for over 120 
days. Second, the Board was not persuaded with the medical provider's certification that 
occurred approximately 13 years after the accident. In the Board's opinion, the length oftime 
between the period where you claim an inability to perform the AD Ls and the certification was 
too great to convince the Board. Third, even though you presented evidence ofyour injuries and 
treatment, there was no evidence from your medical providers at the time ofyour injury 
describing your inability to perform the ADLs you claim required assistance. Finally, the Board 
felt that there was insufficient evidence based on the lack of evidence regarding the assistance 
you received. 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 ofyour case are such that favorable action cannot 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 ofregularity attaches to all official records. Consequently, 
when applying for a correction of an official naval record, the burden is on the applicant to 
demonstrate the existence ofprobable material error or injustice. 

Sincerely, 

Executive Director