RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-00857 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: He be entitled to receive benefits under the Traumatic Servicemembers’ Group Life Insurance (TSGLI) program. ________________________________________________________________ APPLICANT CONTENDS THAT: The type of injury he sustained and the amount of time he spent in the hospital are directly in line with the parameters of the TSGLI guidelines. In support of his appeal, the applicant submits a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, and orders placing him on the Temporary Disability Retired List (TDRL). Applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is a former Guardsman who was placed on the TDRL on 8 December 2005, in the grade of staff sergeant (E-5). Department of the Air Force, special order ACD-00156 placing him on the TDRL indicates the disability was not received in the line of duty as a direct result of armed conflict or caused by an instrumentality of war and incurred in the line of duty during a period of war. The Traumatic Injury Protection Under Servicemembers' Group Life Insurance (TSGLI) program is a rider to the Servicemember’s Group Life Insurance (SGLI) and effective 1 December 2005, provides for payment to service members who are severely injured (on or off duty) as the result of a traumatic event and suffer a loss that qualifies for payment under TSGLI. TSGLI payments are designed to help traumatically injured service members and their families with financial burdens associated with recovering from a severe injury. TSGLI payments range from $25,000 to $100,000 based on the qualifying loss suffered. Congress directed that TSGLI would be retroactive to October 7, 2001, for members who incur a qualifying loss as a direct result of injuries incurred on or after October 7, 2001, through and including November 30, 2005, in Operation Enduring Freedom (OEF) or Operation Iraqi Freedom (OIF). For the purposes of TSGLI only, "incurred in Operation Enduring Freedom or Operation Iraqi Freedom" means the member must have been deployed outside the United States on orders in support of OEF or OIF or serving in a geographic location that qualified the service member for the Combat Zone Tax Exclusion under the Internal Revenue Service Code. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, the applicant has failed to include any evidence in his application that would substantiate his qualification for TSGLI. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2009-00857 in Executive Session on 22 June 2010, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence with regard to AFBCMR Docket Number BC-2009-00857 was considered: Exhibit: DD Form 149, dated 2 Mar 09, w/atchs. Panel Chair