RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        30 August 2007
      DOCKET NUMBER:  AR20070001840


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Ms. Judy L. Blanchard             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Bernard P. Ingold             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Mr. Gerald J. Purcell             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect that his Traumatic Service-Member’s
Group Life Insurance (TSGLI) claim be considered.

2.  The applicant states, in effect, that he is appealing the 20 December
2006, denial of his TSGLI appeal request.  From 5 November 2003 until 4
July 2004, he was deployed with Task Force 3-17 Cavalry, 2nd Infantry
Division, in support of Operation Iraqi Freedom, in Iraq (a geographic
location that qualified him for Combat Zone Tax Exclusion under the
Internal Revenue Service Code).  On
1 July 2004, he was serving as a gunner on the back of a High Mobility
Mutli- Purpose Wheeled Vehicle (HMMWV) as part of a re-supply convoy from
Qayyarrah, West Airfield in Northern Iraq.  After making a turn onto a
road, the HMMWV struck several landmines that were buried beneath the road
surface.  As a result of the explosions, the HMMWV was destroyed, the
vehicle commander was killed, the driver was trapped between his seat and
the steering wheel, and the applicant was ejected from the back of the
HMMWV.  He was given immediate medical care by the Combat Life Savers
traveling in the convoy, and was transported to the hospital at Mosul
Airfield by a Medical Evacuation Helicopter.  He suffered serious traumatic
injuries as a direct result of the incident, which included over 600
stitches to his face and a very serious injury to his upper arm and
shoulder in which a bolt needed to be surgically removed.  Due to the
traumatic injuries and procedures, he was flown from Mosul to Landstuhl
Regional Medical Center in Germany on 4 July 2004, and ultimately
transferred to Walter Reed Army Medical Center in Washington, D.C, on 11
July 2004.  Upon his release from Walter Reed and his return to Fort Drum,
NY, he began the process of rehabilitation during 6 weeks of convalescent
leave, but was unable to perform daily activities due to the pain and lack
of mobility in the injured areas.  He could not bathe or dress himself
without the assistance of others.  Specifically, he could not pull clothing
over his head or his arms, and he could not bathe himself or shower without
assistance due to his facial and upper body injuries.  He needed assistance
with daily activities for approximately 2 to
3 weeks after his convalescent leave, for over 60 days.  His wife was his
primary source of care and assistance during that time, and has attested to
the daily activities, she helped him with in the enclosed statement.  To
date, he is still unable to feel anything in the lower portion of his face
and has lost some motor control of his lower lip due to nerve damage.  He
still has severe scarring and blue discoloration to more than 50 percent of
his face from the traumatic injuries that he sustained on 1 July 2004.

3.  The applicant provides in support of his TSGLI application: A copy of
the TSGLI board’s decision, a statement by his doctor dated 30 August 2006,
a statement by Captain B----s’, memoranda concerning his injuries; a sworn
statement concerning the incidents from his company Commander at the time
of the traumatic injury, a supporting memorandum from the Chief Warrant
officer of the Aviation Branch and US Army Aviation Center, copies of the 1
through 4 July July 2004 medical treatment reports from the hospital at
Mosul Airfield, copies of the 6 July 2004 medical consultation report from
Landstuhl Regional Medical Center, copies of the 12 July 2004 chronological
record of medical care from the Conner Troop Medical Clinic in Fort Drum
NY, copies of 5 August 2004 radiology report, a 16 September 2006 report of
operation from the Samaritan Medical Center in Watertown NY, copies of the
30 September 2004 chronological record of medical care from the Conner
Troop Medical Clinic in Fort Drum NY, his wife’s supporting statement, 8x10
photos of his traumatic injuries, a statement of wartime service, a copy of
his orders in support of Operation Enduring Freedom and a copy of his most
recent Leave and Earning Statement.

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving on active duty.

2.  On 1 July 2004, while serving as a gunner on the back of a HMMWV and as
part of a re-supply convoy from Qayyarrah, West Airfield in Northern Iraq.
The HMMWV that the applicant was in struck several landmines that were
buried beneath the road surface.  As a result of the explosions, the
applicant was ejected from the back of the HMMWV.  He was given immediate
medical care by the Combat Life Savers traveling in the convoy, and was
transported to the hospital at Mosul Airfield by a Medical Evacuation
Helicopter.  He suffered serious traumatic injuries as a direct result of
the incident, which included over 600 stitches to his face and a very
serious injury to his upper arm and shoulder in which a bolt needed to be
surgically removed.  Due to the traumatic injuries and procedures, he was
flown from Mosul to Landstuhl Regional Medical Center in Germany on 4 July
2004, and ultimately transferred to Walter Reed Army Medical Center in
Washington, D.C, on 11 July 2004.  Upon his release from Walter Reed and
his return to Fort Drum, NY, he began the process of rehabilitation during
6 weeks of convalescent leave.

3.  On 16 March 2006, the applicant submitted his first request for TSGLI
benefits, claiming loss of ADLs for 60 days for dressing and bathing.  On 4
May 2006, the Office of Service Members’ Group Life Insurance, the
administrator of the TSGLI Program, informed the applicant that his TSGLI
case was disallowed, because the medical documentation submitted did not
support loss of ADLs for 60 days.
4.  On 9 June 2006, the applicant submitted a request for reconsideration
of his TSGLI claim for loss of ADLs for 60 days for dressing and bathing
due to his facial and shoulder injuries and partial paralysis of the lower
face due to nerve damage.  On 5 August 2006, the TSGLI was again disallowed
his claim because the medical documentation submitted did not support the
loss of ADLs for 60 days.  The letter from the applicant’s physician
indicated that he was able to dress himself with minimal assistance from
his spouse, which does not qualify him for TSGLI (the Soldier must be
completely dependent).

5.  On 24 October 2006, the applicant filed an appeal of his TSGLI claim,
again claiming loss of ADLs for 60 days for dressing and bathing due to his
facial injuries and partial paralysis of the lower face due to nerve
damage.  On
20 December 2006, the TSGLI disallowed his appeal because the medical
documentation submitted did not substantiate his complete dependence on
another for performance of ADLs.  The denial letter further stated that the
applicant had a single limb injury and there was no medical documentation
to justify an inability to adapt to ADLs with the other arm and shoulder.

6.  Part B (To be Completed by Attending Medical Professional) of the
applicant’s Certification of Traumatic Injury Protection [TSGLI] form,
dated 16 March 2006, shows that the applicant’s attending physician
essentially stated that he could not perform dressing and bathing
independently for over 60 days.  Part C (Certification by Branch of
Service), shows that the applicant was covered under SGLI, at the time of
the traumatic event, but his traumatic injury does not qualify for
Traumatic injury Protection (TSGLI).

7.  The applicant essentially stated that he is entitled to a TSGLI payment
because he was completely dependent on another person for completion of two
ADLs, namely, dressing and bathing.  The applicant submitted 4 letters of
support for him receiving TSGLI.

8.  Public Law 109-13 (The Emergency Supplemental Appropriations Act, for
Defense, the Global War on Terror, and Tsunami Relief, 2005), signed by the
President on May 11, 2005, established the TSGLI program.  U.S. Army Combat-
Related Special Compensation (CRSC) has been designated as the lead agent
for implementing the Army TSGLI program.  The TSGLI program was established
by Congress to provide relief to Soldiers and their families after
suffering a traumatic injury.  TSGLI provides between $25,000 and $100,000
to severely injured Soldiers who meet the requisite qualifications set
forth by the Department of Defense.  As of 1 December 2005, TSGLI is
included as part of a Soldier's SGLI coverage.  Any Soldier who elected
SGLI coverage automatically receives TSGLI coverage with an additional $1
taken out each month to cover the cost of the TSGLI policy.  Soldiers
paying for SGLI coverage cannot decline TSGLI; it is a package.  In
addition, there is a retroactive program, in which Soldiers who incurred a
qualifying traumatic injury from 7 October 2001 through 30 November 2005,
while supporting Operation Iraqi Freedom (OIF) and Operation Enduring
Freedom (OEF) or under orders in a Combat Zone Tax Exclusion (CZTE) area
are covered regardless of whether they elected SGLI coverage or not.
Soldiers who elect SGLI coverage and incur a qualifying traumatic injury
after 1 December 2005 (with the exception of some specific circumstances
under which a traumatic injury will not be covered), regardless of their
component (Active, Reserve, or National Guard) or the location in which
they incurred the injury will be covered by TSGLI.

9.  There are some specific circumstances under which a traumatic injury
will not be covered by TSGLI.  A qualifying traumatic injury is an injury
or loss caused by application of external force or violence (a traumatic
event) or a condition whose cause can be directly linked to a traumatic
event.  Traumatic injuries covered may include, but are not limited to the
following types of losses:

      a.  total and permanent loss of sight in one or both eyes;

      b.  loss of hand or foot by severance at or above the wrist or ankle;


      c.  total and permanent loss of hearing in one or both ears;

      d.  loss of speech;

      e.  loss of thumb and index finger of the same hand by severance at
or above the metacarpophalandeal joints;

      f. quadriplegia, paraplegia or hemiplegia;

      g.  3rd degree or worse burns covering 30 percent of the body or
30 percent of the face;

      h.  coma or traumatic brain injury; or

      i.  other traumatic injuries resulting in the inability to carry out
two of the six ADLs, which are dressing, bathing, toileting, eating,
continence, and transferring.
TSGLI claims may be filed for loss of ADLs if the claimant is completely
dependent on someone else to perform 2 of the 6 ADLs for 30 days or more
(15 days or more in the case of traumatic brain injuries).  ADL loss must
be certified by a healthcare provider in Part B of the claim form, and ADL
loss must be substantiated by appropriate documentation such as
Occupational/Physical Therapy Reports, Patient Discharge Summaries, or
other pertinent documents demonstrating the injury type and duration of ADL
loss.  While TSGLI claims will not be approved without a certification from
a healthcare provider, additional documentation must be provided to
substantiate the certification.

10.  Army Regulation 15-185 (Army Board for Correction of Military Records)
prescribes the policies and procedures for correction of military records
by the Secretary of the Army, acting through the ABCMR.  This regulation
provides that the ABCMR begins its consideration of each case with the
presumption of administrative regularity.  The applicant has the burden of
proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The evidence provided by the applicant was carefully considered.  The
Board noted the applicant’s disagreement with responses to his TSGLI
claims; however, evidence of record clearly shows that although he suffered
traumatic injuries while serving in Iraq, the information provided by the
applicant does not reach the level of appropriate documentation such as
Occupational/Physical Therapy Reports, Patient Discharge Summaries, or
other pertinent medical documents demonstrating the injury type and
duration of ADL loss.

2.  The statement by the applicant’s attending physician in Part B of his
TSGLI claim form that he could not perform dressing and bathing, for over
60 days is not corroborated by information in the available medical
records.  While the Board does not dispute the fact that the applicant
required major medical care and support immediately following his wounding
on 1 July 2004, and extensive follow-up care for months afterwards,
documentation required to justify a TSGLI payment for loss of ADLs has not
been submitted.

3. The applicant has not provided sufficient documentation to support his
contention that his TSGLI claims were improperly disallowed.  Neither the
available records nor the medical documentation the applicant provided
establish a basis to support his request.

4.  In order to justify correction of a military record the applicant must,
or it must otherwise satisfactorily appear, that the record is in error or
unjust.  The applicant has failed to submit evidence that would satisfy
that requirement.  In view of the foregoing, there is no basis for granting
relief to the applicant in this case.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___BPI___  ___TMR_  ___GJP _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





                                  ____Bernard P. Ingold_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/08/30                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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