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).
Applicants 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 Servicemembers 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
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