RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04487
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Traumatic Servicemembers Group Life Insurance (TSGLI)
Protection claim be approved.
APPLICANT CONTENDS THAT:
In September 2003, while deployed to Iraq, he fell off a forklift
and suffered a groin injury which resulted in him losing his left
testicle. He submitted a claim for TSGLI; however, it was denied.
He served his country honorably and wants the Board to consider
his claim.
In support of his appeal, the applicant provides a personal
statement and an eyewitness statement.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 2 Apr 2002, the applicant enlisted in the Regular Air Force.
According to the applicants medical records, he has a history of
left testicular pain and surgery since the age of 14.
On 5 May 2005, Public Law 109-13, established a traumatic injury
program designed to provide financial assistance to service
members during recovery from a serious traumatic injury (not
necessarily as a result of combat). The insurance (TSGLI) is a
rider to the members Servicemembers Group Life Insurance (SGLI)
policy. TSGLI pays a monetary benefit from $25,000 to
$100,000 for covered losses that are incurred by the member as a
result of a traumatic injury.
Code of Federal Regulation (CFR) Title 38, part 9.20 prescribes
that each uniformed service will certify its own members for
traumatic injury protection benefits based upon section 1032 of
Public Law 109-13, and section 501 of Public Law 109-233. The
uniformed service will certify whether a servicemember, at the
time of the traumatic injury, was insured under SGLI and whether
they have sustained a qualifying loss.
In September 2005, the applicants left testicle was surgically
removed.
On 5 Jan 09, the Department of Veterans Affairs granted the
applicant service-connection for left testicular post-operative
removal with chronic pain and testicular microlithiasis (also
claimed as left sided groin pain) with a zero percent disability
rating. He also was granted entitlement to special monthly
compensation based on the anatomical loss of creative organ.
AIR FORCE EVALUATION:
AFPC/DPFC recommends denial. The applicants claim does not meet
the TSGLI eligibility criteria for payment of loss of a testicle.
In order to qualify for TSGLI, there must be a traumatic event, as
defined by the TSGLI law, which causes physical damage to the body
resulting in a scheduled loss. Also, the scheduled loss must
occur within two years of the traumatic event. Injuries excluded
from TSGLI payments include an injury that is caused by a mental
or physical illness/disease or medical treatment of an
illness/disease.
The applicant reported he injured his left testicle when he fell
off a forklift in September 2003; however the specific date is
unknown and there are no medical records that document the
incident. His left testicle was surgically removed on 8 September
2005.
The applicants original TSGLI claim and appeal were denied
because the medical records indicate that he had chronic
testicular issues, dating back to age 14, according to enlistment
medical records and Medical Evaluation Board documents.
DPFCs position remains firm that the applicants testicular
issue/loss was caused by an illness/disease rather than a
traumatic event as established in CFR Title 38 part 9.20.
The complete DPFC evaluation, with attachments, is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 8 May 2014, for review and comment within 30 days (Exhibit D).
As of this date, this office has not received a response.
THE BOARD CONLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. We took
notice of the applicants complete submission in judging the
merits of the case; however, we agree with the opinion and
recommendation of the Air Force Office of Primary Responsibility
(OPR) and adopt the rationale expressed as the basis for our
conclusion the applicant has not been the victim of an error or
injustice. In view of the above and in the absence of evidence to
the contrary, we find no basis to recommend granting the relief
sought in this application.
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-2013-04487 in Executive Session on 28 Aug 14, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 September 2013, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPFC, dated 17 April 2014.
Exhibit D. Letter, SAF/MRBR, dated 8 May 2014.
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