ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02681A
INDEX CODE: 137.00
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
In the applicant’s request for reconsideration, he requests his military
records be corrected to reflect he made a timely election for spouse
coverage under the Survivor Benefit Plan (SBP).
_________________________________________________________________
STATEMENT OF FACTS:
The applicant prior to his 1 August 1968 retirement was married and elected
spouse coverage under the Retired Serviceman’s Family Protection Plan
(RSFPP).
Public Law (PL) 92-425 established the Survivor Benefit Plan (SBP) on 21
September 1972. The applicant did not elect to participate in SBP during
the authorized open enrollment periods for 1972-1974, 1981-1982, 1992-1993
and 1999-2000.
A similar appeal was considered and denied by the Board on 2 and 8 December
2004. For an accounting of the facts and circumstances surrounding the
applicant's request to have his military records corrected to reflect he
made a timely election for spouse coverage under the SBP, and, the
rationale of the earlier decision by the Board, see the Record of
Proceedings at Exhibit F.
The applicant’s sister, acting on his behalf, resubmitted a letter dated 2
December 2004, requesting reconsideration of the applicant’s application
with documentation indicating the applicant has a history of chronic
medical problems (Exhibit G).
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief Medical Consultant, AFBCMR, reviewed the applicant’s request for
reconsideration and states the available medical documentation shows the
applicant had numerous chronic medical problems including heart disease,
lung disease and a history of normal pressure hydrocephalus and mild
dementia. The applicant was referred from Japan to Tripler Army Medical
Center for consultation with neurosurgery regarding whether his cervical
spine arthritis warranted surgery. The medical documentation further
showed the applicant has a history of coronary artery bypass surgery,
abdominal aortic aneurysm surgery in July 1998, and pituitary macroadenoma
resection in 1993 complicated by hydrocephalus necessitating placement of a
ventrculoperitoneal shunt in 1993. On 6 April 2000, a neurology
consultation concluded the applicant had “well compensated” normal pressure
hydrocephalus and that on examination he was alert and oriented, that there
was no apparent cognitive defect and that his gait was normal. The
applicant was scored 26 out of a maximum of 30 points on a mini-mental
examination. The test was repeated a few days later and the applicant
scored 27. Generally a score of less than 24 is suggestive of dementia,
however mild dementia may still be present with this score. The neurology
clinical note listed “mild dementia” as a diagnosis. Scanning determined
the applicant’s shunt was functioning properly. The applicant was
readmitted to the hospital a day after he was discharged due to his being
disoriented and almost passing out, which was attributed to low blood
pressure, a problem he experienced before (Orthostatic hypotension).
Medical documents further indicated he had been noncompliant with
medications and that he did well once readmitted. Records further showed
he was briefly hospitalized in May 2000 for a near syncopal episode
attributed to orthostatic hypotension and possible heart rhythm disturbance
(tachycardia). Normal pressure hydrocephalus is a condition of build up of
cerebrospinal fluid manifesting as cognitive disturbance, gait disturbance
and urinary incontinence.
Normal pressure hydrocephalus is treated with placement of a shunt to drain
the excess fluid reversing the symptoms. The applicant’s hydrocephalus has
been present since 1993 and was properly treated with the placement of a
shunt. The neurologic evaluation of April 2000 documented “no cognitive
defect,” never the less it is likely that the applicant experienced some
symptoms of mild dementia such as short term memory disturbance. However,
the fact that he reports he submitted applications in May 2000 suggests he
had the mental capacity to understand the SBP program and complete the
necessary paperwork. The applicant underwent major cardiac and vascular
surgery in July 1998. The
medical documentation does not reflect any major medical events during 1999
that would have prevented him from enrolling in SBP during the authorized
open enrollment period. The Medical Consultant further states the evidence
of record does not show by a preponderance of evidence that the applicant
suffered from medical conditions that impaired his ability to enroll in
SBP. Therefore, he recommends the requested relief be denied.
A complete copy of the Medical Consultant’s evaluation, with attachments,
is attached at Exhibit H.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 13 April 2004, the Board staff forwarded the applicant a copy of the
advisory opinion for review and response. As of this date a response had
not been received by this office (Exhibit I).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
After careful consideration of the applicant’s reconsideration request and
the documentation submitted in support of his appeal, we are not persuaded
to override the Board's original decision. Although the applicant’s
medical records reflect he had numerous chronic medical problems, there is
insufficient evidence that any of these conditions prevented him from
making a valid election for spouse coverage under the SBP during the
authorized open enrollment periods. The applicant presents no explanation
why he submitted the open enrollments forms nearly two years after the end
of the open period authorized by Public Law 105-261. Therefore, in view of
the foregoing, we find no compelling 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 probable 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-2004-
02681 in Executive Session on 7 June 2005, under the provisions of AFI 36-
2603:
Ms. Kathy L. Boockholdt, Panel Chair
Mr. Michael J. Novel, Member
Mr. Michael K. Gallogly, Member
The following documentary evidence was considered:
Exhibit F. Record of Proceedings, dated 9 Dec 04, w/atchs.
Exhibit G. Applicant’s Reconsideration Request, dated
2 Dec 04, w/atchs.
Exhibit H. Letter, AFBCMR Medical Consultant, dated
28 Mar 05
Exhibit J. Letter, AFBCMR, dated 13 Apr 05.
KATHY L. BOOCKHOLDT
Panel Chair
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