DEPARTMENT OF THE NAVY 

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

Docket No. 9856-18 
Ref: Signature Date 

Dear 
This is in reference to your application for correction of your naval record pursuant to the 
provisions of 10 USC 1552. After careful and conscientious consideration of the entire record, 
the Board found the evidence submitted was insufficient to establish the existence of probable 
material error or injustice. Consequently, your application has been denied. 

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, 
considered your application on 21 February 2019. The names and votes of the members of the 
panel will be furnished upon request. Your allegations of error and injustice were reviewed in 
accordance with administrative regulations and procedures applicable to the proceedings of this 
Board. Documentary material considered by the Board consisted of your application, together 
with all material submitted in support thereof, relevant portions of your naval record and 
applicable statutes, regulations and policies. 

A review of your record shows you entered active duty with the Navy in November 2004. You 
fractured your left lower leg on 2 September 2016 jumping off a trampoline at your house. You 
underwent surgery on 21 September 2016 to repair the fracture and have screws placed in your 
leg. You were released from the hospital on 24 September 2016 with instructions not to bear 
weight on your left leg for approximately eight weeks. Some sutures were removed on 6 
October 2016 and medical notes indicate you need assistance to perform activities of daily living 
(ADLs). You were placed in a Cam boot with instructions not to bear weight on the leg. 
Remaining sutures were removed on 13 October 2016 with continued instructions not to bear 
weight on your left leg. You remained under instructions not to bear weight on your left leg 
through the entire period which you claim loss of ability to perform ADLs. On 14 December 
2016, you had the screws removed from your leg and were allowed to progressively bear weight 
on your left leg as of 29 December 2016. You subsequently filed a claim under the Traumatic 
Servicemembers’ Group Life Insurance (TSGLI) program for loss of at least two ADLs for 90 
days. Your initial claim and reconsideration request was denied for failure to meet TSGLI 
criteria for approval. You subsequently filed an appeal to the TSGLI Appeals Board that was 
also denied on 2 May 2018 based on a finding that you were able to use adaptive equipment to 
perform the claimed ADLs. On 23 May 2018, Director Secretary of the Navy Council of Review 
Board denied your request for reconsideration based on lack of new evidence. You were placed 
on the Temporary Disability Retirement List on 25 January 2018. 

The Board considered your arguments that you qualified for payment of $75,000 due to your 
inability to bathe, dress, or transfer without required assistance from 21 September 2016 through 
11 December 2016. You provided evidence that you required the assistance of your spouse to 
care for you and assist you in performing the claimed ADLs. Unfortunately, the Board disagreed 
with your rationale for relief. Specifically, the Board agreed with the rationale used by the 
TSGLI Appeals Board in denying your appeal. The Board also felt there was no medical reason 
why you could not have used adaptive equipment to perform the claimed ADLs without 
assistance. Further, there was no medical condition in your record preventing you from utilizing 
your upper extremities despite the existence of the left leg fracture. Based on lack of evidence 
that states you were medically not able to use your arms or adaptive equipment to bathe and 
transfer, the Board found they lacked the evidence to grant relief in your case. In their opinion, 
while it would have been difficult for you to perform the claimed ADLs by yourself, it was 
within the reasonable realm of possibility for someone with your injury to perform them with the 
use of the upper extremities and adaptive equipment. Therefore, they concluded the evidence did 
not support a finding that you required assistance to perform the claimed ADLs for more than 30 
days as a result of an Other Traumatic Injury. Accordingly, the Board found insufficient 
evidence of error or injustice to warrant a change to your record. 

Regarding your request for a personal appearance, the Board determined that a personal 
appearance with or without counsel will not materially add to their understanding of the issue(s) 
involved. Therefore, the Board determined that a personal appearance was not necessary and 
considered your case based on the evidence of record. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken 
at this time. You are entitled to have the Board reconsider its decision upon the submission of 
new and material evidence. New evidence is evidence not previously considered by the Board. 
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 of an official naval record, the 
burden is on the applicant to demonstrate the existence of probable material error or injustice. 

Sincerely, 

2/25/2019 

 
Executive Director