RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  7 August 2007
	DOCKET NUMBER:  AR20070007422 


	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

Mr. Dean L. Turnbull

Analyst


The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Ms. Ernestine I. Fields

Member

Mr. Randolph J. Fleming

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 records be corrected to show he is entitled to the Traumatic Servicemember's Group Life Insurance (TSGLI) coverage for a traumatic head injury which occurred on 13 November 2005.

2.  The applicant states, in effect, that his loss was from a traumatic injury which qualified him for TSGLI coverage.  He states, in effect, although his loss was not incurred in Operation Enduring Freedom (OEF) or Operation Iraqi Freedom (OIF) or while serving in a geographic location outside of the United States for the Combat Zone Tax Exclusion, he should still be qualified for the TSGLI coverage due to his traumatic injury.

3.  He further states, in effect, because he was involved in military training and simulated wartime operations for which the primary purpose was to enhance unit readiness and mission capability, his service was in direct support of military operations in the combat zone.  

4.  He states "Since the act of transporting necessary supplies is a function included within the concept of providing direct support of military operations, services rendered on a supply vessel transporting supplies to a combat zone or qualified hazardous duty area are in direct support of military operations in the combat zone or qualified hazardous duty area."

5.  The applicant provides

     a.   a copy of his DD Form 214 (Certificate or Release or Discharge from active Duty);

     b.  a copy of DA Form 2173 (Statement of Medical Examination and Duty Status);

     c.  a copy of DA Form 3947 Medical Evaluation Board Proceedings (MEBD) and DA Form 199 Physical Evaluation Board Proceedings (PEB);

     d.  a copy of a letter from the U.S. Army Physical Disability Agency (USAPDA), dated 13 September 2006; and

     e.  a copy of his written statement, dated 28 March 2007.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show that he entered active duty for training as an Army National Guard Soldier on 5 November 2005.  The DA Form 2173, describes the details of the applicant's accident while on active duty for training during the period 11 October 2005 (sic) to 16 December 2005 at Fort Sill, Oklahoma.

2.  On 23 November 2005, the applicant fell from the back of a moving stake truck (a flat bed truck) while it was traveling 40 miles per hour.  It was stated that the applicant was leaning against a faulty back gate when it opened and causing the applicant to land on his head.  Although, the applicant wore a Kevlar helmet he still received multiple skull fractures.

3.  On 16 May 2006, an MEBD found that the applicant had the following medical conditions and defects:

a.  Axis I:  294.10 dementia due to head trauma, as manifested by multiple cognitive deficits of memory impairment, impaired ability to learn/recall information, language disturbance (particularly in the area of recognition/naming), impaired motor ability and disturbances in executive functioning as evidenced by neuropsychological testing and significant impairments in social/occupational functioning.  Pre-morbid personality and predisposition: None; Degree of psychiatric impairment for military duty: marked; Degree of impairment for social and industrial adaptability: Considerable.  310.10 personality changes due to head trauma, disinhibited type, as manifested by a persistent personality disturbance compared to pre-morbid functioning particularly in the area of disinhibition.  Pre-morbid personality and predisposition: None; Degree of psychiatric impairment for military duty: marked; Degree of impairment for social and industrial adaptability: Marked; Degree of impairment for social and industrial adaptability:  Definite.

b.  Axis II:  No diagnosis.  

c.  Axis III:  Traumatic brain injury, closed (Rancho VII), with prominent injury to left frontal, 23 November 2005.  Anosmia with loss of appetite and 25 pound weight loss.  Medically acceptable.  Post traumatic headaches, moderate. Medically acceptable.  The MEBD referred the applicant to the PEB.

4.  On 23 June 2006, a PEB found that the applicant was physically unfit for duty and recommended a combined rating of 30 percent and that the Soldier be placed on the Temporary Disability Retired List (TDRL) with reexamination during 

November 2007.  The DD Form 214 he was issued shows that on 8 June 2006 he was honorably released from active duty and retired by reason of temporary disability.  He had served 7 months and 3 days of net active service this period.

5.  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 OIF and OEF or under orders in a Combat Zone Tax Exclusion 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be entitled to TSGLI coverage for his traumatic head injury which occurred on 23 November 2005.

2.  The evidence shows that the applicant was not deployed in support of OEF or OIF during the period 11 October 2005 to 16 December 2005.  The applicant was in basic combat training at Fort Sill, Oklahoma when the accident occurred causing him to receive a traumatic head injury after falling from the stake truck traveling 40 miles per hour. 

3.  Public Law 109-13 states, in pertinent part, that to qualify for the retroactive program a Soldier must incur a traumatic injury during the period 
7 October 2001 through 30 November 2005, while supporting OIF and OEF or under orders in a Combat Zone Tax Exclusion area.

4.  The applicant’s statement that he was involved in military training and simulated wartime operations for which the primary purpose was to enhance unit readiness and mission capability and the service was in direct support of military operations in the combat zone by transporting on a supply vessel the necessary supplies to a combat zone, or a qualified hazardous duty area were considered.  However, the law is very specific on who is entitled to TSGLI.  The applicant does not meet the statutory requirements for TSGLI.

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___rjf ___  ___eif___  ___lds___  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.




___________Linda D. Simmons_____
          CHAIRPERSON




INDEX

CASE ID
AR20070007422
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070807
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.