IN THE CASE OF:	  

		BOARD DATE:	  23 December 2008

		DOCKET NUMBER:  AR20080013432 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, approval of his claim for payment of Traumatic Servicemember's Group Life Insurance (TSGLI) benefits. 

2.  The applicant states, in effect, his claim for TSGLI was denied and he believes this action was incorrect.  

3.  The applicant provides the following documents in support of his application: Self-Authored Statement; Office of SGLI letter, dated 18 March 2008; TSGLI Appeal Letters, dated 5 April and 15 April 2008; Doctor's Letter, dated 
13 November 2007; Doctor's Letter, dated 15 August 2008; United States Army Human Resources Command (HRC) TSGLI appeal denial, dated 22 May 2008; and Congressional Inquiry packet  

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that he served in an enlisted status in the 
Army National Guard (ARNG) from 30 December 1986 through 26 June 1992, and on 27 June 1992, he was appointed a second lieutenant (2LT) in the ARNG. He was promoted to first lieutenant on 26 June 1995, to captain on 30 March 1999, and to major (MAJ) on 16 January 2004.  

2.  On 3 November 2007, the applicant was doing sit-ups and felt a pop in his back and then developed lower extremity weakness and numbness.  He went to the emergency room and was diagnosed with Cauda Equina syndrome.  


3.  On 18 July 2008, a Physical Evaluation Board (PEB) convened at Fort Sam Houston, Texas, to consider the applicant's case.  The PEB determined the applicant suffered from a spinal cord infarct with residual paraplegia and awarded him a 100 percent (%) disability rating.  The PEB recommended the applicant be placed on the Temporary Disability Retirement List (TDRL), with reexamination during December 2009.  On 9 November 2008, the applicant was released from active duty and placed on the TDRL accordingly.  

4.  The applicant filed claims for TSGLI on 7 March 2008, 14 January 2008, and 25 April 2008, based on paraplegia.  These claims were all denied, in denial letters, dated 18 May, 23 April, and 22 May 2008, based on the absence of a traumatic event.  

5.  The applicant provides a letter from the Assistant Professor, Spine Rehabilitation, University of Alabama (UAB), which indicates the applicant was originally seen at the UAB emergency room on 3 November 2007 and was admitted to the hospital.  An MRI was initially read as being negative for any acute changes; however, neurosurgery interpreted the MRI as Cauda Equina Syndrome, and neurology worked the applicant up for an infection or inflammatory process as the cause of the patient's spinal cord injury.  It further indicates that the etiology of the applicant's spinal cord injury was not determined.  All tests for infection and/or inflammation as the cause were inconclusive, the treatments for both of these conditions did not reverse any of the applicant's symptoms; therefore, his doctor concluded the applicant's injury was most likely caused by trauma.  

6.  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.  The TSGLI law stipulates that 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 (CZTE) area are covered regardless of whether they elected SGLI coverage or not.  
7.  The TSGLI law further stipulates that 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.  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.  

8.  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 applicant's request for reconsideration of his TSGLI appeals was carefully considered.  However, there is insufficient evidence to support this claim.  

2.  Notwithstanding the supporting statements provided by the applicant, the evidence of record confirms that during his initial treatment, based on the medical evaluations conducted and the medical tests given, the treating physicians found the etiology of the applicant's spinal cord injury could not be determined.  Further, the PEB provided no supporting medical evidence indicating the applicant's injury was the result of a qualifying traumatic event.  

3.  Although the applicant clearly sustained a life-altering medical event, there is insufficient evidence to conclude this medical condition was sustained as a result of application of external force or violence (a traumatic event) or a condition whose cause can be directly linked to a qualifying traumatic event.  Absent sufficiently compelling evidence to the contrary, there is no basis to amend the previous TSGLI findings in this case.  .

4.  Although there is insufficient evidence to grant the relief requested, this by no means diminishes the applicant's dedicated service to and his sacrifices for a grateful nation. 


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ___x____  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.




      _______ _x   _______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080013432



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ABCMR Record of Proceedings (cont)                                         AR20080013432


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