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AF | BCMR | CY2005 | BC-2004-02681A
Original file (BC-2004-02681A.doc) Auto-classification: Denied

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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