RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00224
            INDEX NUMBER:  124.00
            COUNSEL:  NONE

            HEARING DESIRED:  YES


MANDATORY CASE COMPLETION DATE:  18 July 2008


_________________________________________________________________

APPLICANT REQUESTS THAT:

His medical records be amended to reflect that he was on convalescent  leave
from 16 May 02 to 10 Oct 02.

Examiner’s Note:  It  appears  the  applicant  is  attempting  to  have  his
medical records reflect he suffered a traumatic  event  and  was  unable  to
perform Activities of Daily Living (ADLs)  for  a  period  of  120  days  as
defined under the Traumatic  Servicemembers  Group  Life  Insurance  (TSGLI)
program.

_________________________________________________________________

APPLICANT CONTENDS THAT:

In a four-page statement, the applicant provides a chronological account  of
the injury he suffered while moving helicopter blades  from  a  C-130,  from
the date of his injury, 6 May 02, to the date he received his first  surgery
on 10 Oct 02.

The applicant also provides a copy of the  denial  of  his  application  for
benefits under the TSGLI program and a copy of his appeal of the denial.

The applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant as a member of the Air National Guard serving in the grade  of
technical sergeant (TSgt) was deployed to Operation Enduring  Freedom  on  9
Apr 02.  While offloading helicopter blades from a C-130 on 6  May  02  with
14 other individuals, the applicant suffered a severe groin pull with  onset
of acute pain in the lower back that  worsened  over  time.   The  applicant
subsequently met a Physical Evaluation Board (PEB) and  was  placed  on  the
Temporary Disability Retired List effective  28 Feb 04.

On 11 May 05, the President signed  Public  Law  109-13,  which  included  a
program designed to provide financial assistance to service  members  during
recovery from a serious traumatic injury (not necessarily  as  a  result  of
combat).  The new insurance, Traumatic Servicemembers’ Group Life  Insurance
(TSGLI), is considered a rider to a member’s  SGLI  policy.   TSGLI  pays  a
predetermined monetary benefit from $25,000 to $100,000 for  covered  losses
that are incurred by the member as a result  of  a  traumatic  injury.   The
TSGLI  program  was  implemented  effective    1  Dec  05,  and  contains  a
retroactive provision that applies to members who suffer a  qualifying  loss
as a direct result of injuries  incurred  in  Operation  IRAQI  FREEDOM  and
Operation ENDURING FREEDOM from 7 Oct 01 through 30 Nov 05.

Servicemembers who wish to apply for  the  TSGLI  benefit  must  complete  a
claim form (Part A) and a physician or other  authorized  medical  personnel
must certify the medical portion of the claim (Part B).  The service  member
then forwards the claim to AFPC/DPFC for certification (Part C).  The  claim
is then forwarded to the Office  of  SGLI  (OSGLI)  for  final  disposition.
Service members may appeal claim denial to:  (1)  AFPC Commander for  claims
denied for not meeting non-medical eligibility criteria and (2)   AFPC/DPPD,
AF Physical Evaluation Board for claims denied for not meeting the  required
medical eligibility criteria.

The applicant submitted a TSGLI claim on 24 Jan 06 based on  his  not  being
able to perform Activities of Daily Living (ADLs) due to  his  back  injury.
His claim was not certified by his  physician.   The  physician  stated  the
applicant was chronically  limited  with  prolonged  sitting,  standing  and
bending despite maximal attempts at pain control and surgeries to his  lower
back.   The  physician  states  the  applicant  could  perform  ADLs   “with
difficulty.”  AFPC/DPFC certified the claim as not qualifying for a  covered
loss given the recommendation from his physician  and  accompanying  medical
documentation.  OSGLI denied the claim on  30 Jun 06.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPFC  recommends  denial  of  the  applicant’s  request.   The  medical
documentation included with his claim does not  document  his  inability  to
perform at least two of six daily living activities on  a  continuous  basis
for a period of 30 or more consecutive days.

The complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In response to the Air Force evaluation, the  applicant’s  wife  provided  a
statement.  She discusses the poor quality of medical care received  by  her
husband and why the documentation needed was not included in  her  husband’s
medical records.  The applicant’s wife also provides a  statement  from  the
physician who initiated her husband’s medical board.  The doctor states  the
applicant is and will remain permanently disabled.

The applicant’s wife also submitted a second statement, dated   11  May  07,
discussing the dire financial situation she  and  her  husband  are  in  and
requesting a prompt decision by the Board on her husband’s appeal.

The applicant’s complete response, with attachment, is at Exhibit E.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

Pursuant to the Board’s request, the BCMR Medical Consultant evaluated  this
appeal.  He recommends denial of the applicant’s request.

The medical documentation from Oman, the results of MRI  scanning  performed
12 Jul  02  and  Medical  Evaluation  Board  documentation  do  not  provide
sufficient evidence that supports the applicant’s  report  of  inability  to
perform activities of daily living independently between 6  May  02  and  10
Oct 02.  Primary medical documentation that is likely  to  be  determinative
is absent from the case file.

The complete evaluation is at Exhibit G.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the BCMR Medical Consultant’s  evaluation  was  forwarded  to  the
applicant on 11 Jun 07 for review and comment within 30  days.   To  date  a
response has not been received.

_________________________________________________________________

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,  we  agree
with the opinion and recommendation of the  Air  Force  offices  of  primary
responsibility, and the BCMR Medical Consultant, and adopt  their  rationale
as the basis for our conclusion that the applicant has not been  the  victim
of an error or injustice.  Therefore, in the  absence  of  evidence  to  the
contrary, we find no compelling  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 issues 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  Docket  Number     BC-2007-
00224 in Executive Session on 1 August 2007, under the provisions of AFI 36-
2603:

      Ms. Kathleen F. Graham, Panel Chair
      Mr. Don H. Kendrick, Member
      Ms. Renee M. Collier, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2007-
00224 was considered:

    Exhibit A.  DD Form 149, dated 9 Jan 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPFC, dated 23 Feb 07, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 2 Mar 07.
    Exhibit E.  Letter, Applicant, dated 19 Mar 07, w/atch.
      Exhibit F.  Letter, Applicant’s wife, dated 11 May 07.
    Exhibit G.  Memorandum, BCMR Medical Consultant,
                dated 7 Jun 07.
    Exhibit H.  Letter, AFBCMR, dated 11 Jun 07.




                                             KATHLEEN F. GRAHAM
                                             Panel Chair