RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-03780 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He be entitled to change his election under the Survivor Benefit 
Plan (SBP) to show that he elected coverage for his spouse and 
children, rather than declined coverage. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

His skin disease was misdiagnosed prior to his retirement; as a 
result, he declined the SBP. Had he been properly diagnosed, he 
would not have declined the SBP. 

 

The applicant's complete submission, with attachments, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The relevant facts pertaining to this application are described 
in the letter prepared by the Air Force office of primary 
responsibility which is included at Exhibit C. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIAR recommends denial, indicating the applicant’s retired 
pay records reflect he declined SBP coverage and contain his 
wife’s notarized concurrence prior to his retirement on 1 Apr 11. 
Retiring members are provided in-depth information about the 
options and effects of the SBP prior to retiring. The SBP 
counselor briefed the applicant and his wife on the features of 
the SBP. The applicant declined the SBP coverage. While it is 
unfortunate that the applicant's medical condition has worsened, 
it would be inappropriate to provide him an additional 
opportunity to elect SBP coverage, an opportunity not afforded to 
other members similarly situated. 

A complete copy of the AFPC/DPSIAR evaluation is at Exhibit C. 


 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant reiterates that his medical condition was 
misdiagnosed and because of it, he was not prepared to make an 
informed decision at the time of his SBP briefing. He was 
repeatedly told that his rash could take up to a year to clear up 
and he had an allergy to latex, even though a specialized skin 
test showed negative to latex as well as 30 other chemicals. He 
was seen repeatedly over a seven month period and while his 
condition showed improvement, there was a return of a pruritic 
rash but the medical specialist chose not to perform a biopsy. 
After a repeated bout with a worsening condition, he requested a 
biopsy from his family practice provider. He was later diagnosed 
with having Cutaneous T-cell Lymphoma/Mycosis Fungoides, over a 
year later of ongoing symptoms and near constant itching. After 
two opinions from civilian dermatologists and a visit from the 
Veterans Administration dermatologist, he realized he was under-
evaluated and misinformed by the military dermatologist. He 
request relief for entering into an agreement to decline SBP due 
to being misinformed, ill-prepared, and being an underserved 
patient of a medical specialist who misdiagnosed his condition. 
He contends that had he known he had a grave diagnosis of a 
disease, he would not have declined the SBP. 

 

A complete copy of the Applicant’s response is at Exhibit E. 

 

_________________________________________________________________ 

 

ADDITIONAL AIR FORCE EVALUATION: 

 

SAF/MRB Medical Advisor recommends granting the applicant’s 
request to change his SBP election, indicating that while the 
medical providers acted reasonably when treating what they 
believed to be a benign skin disorder, the applicant’s diagnosis 
of Mycosis Fungoides is indeed malignant, although difficult to 
diagnose during its early stages. Therefore, it is speculative 
that the proper diagnosis would have been made by the military 
medical providers, if the applicant was not approaching his 
retirement. In addition, in accordance with AFI 48-123, 
Attachment 2, Medical Standards for Continued Military Service, 
paragraph A2.15.13, the applicant’s diagnosis would warrant 
consideration for a Medical Evaluation Board (MEB), or case 
review in lieu of (RILO) MEB, to determine the applicant’s 
medical qualification or retainability were he not pending 
retirement. Ultimately, although it appears the applicant’s 
malignant skin condition did not interfere with his duties, it is 
possible that he could have been placed on the Temporary 
Disability Retired List (TDRL) with a total 100 percent 
disability rating, until his condition stabilized or not expected 
to change significantly over the course of five years. In view 
of the aforementioned, the Medical Consultant believes that the 
applicant should have the opportunity to change his SBP election. 
With the opinion that a reasonably minded person would have taken 


this option having been diagnosed with a malignant skin condition 
prior to retirement. 

 

A complete copy of the SAF/MRB Medical Consultant evaluation is 
at Exhibit F. 

 

APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: 

 

The applicant reviewed the Medical Consultant evaluation and 
elected not to provide any additional information. He was 
satisfied with the Medical Consultant’s analysis of his case. 

 

 

THE BOARD CONCLUDES THAT: 

 

1. The applicant has exhausted all remedies provided by existing 
law or regulations. 

 

2. The application timely filed. 

 

3. Sufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice. The 
applicant contends his skin disease was misdiagnosed prior to his 
retirement and as a result, he declined the SBP. After a 
thorough review of the evidence of record, the applicant’s 
complete submission, and the Advisory Opinions, we believe a 
preponderance of the evidence supports corrective action. In 
this respect, we note the applicant’s skin condition was believed 
to be benign prior to his retirement; however, after his 
retirement, it was found to be malignant. While we note the 
comments by AFPC/DPSIAR indicating the applicant’s retired pay 
records reflect he declined SBP coverage and contains his wife’s 
notarized concurrence, we find it reasonable to conclude that had 
he known that his skin condition was malignant, he would have 
elected to take the SBP coverage. Therefore, we recommend his 
records be corrected as indicated below. 

 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air Force 
relating to the APPLICANT be corrected to show that on 12 Nov 10, 
he elected Survivor Benefit Plan (SBP) coverage for his spouse 
and children prior to his 1 April 2011 retirement. 

 

_________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2012-03780 in Executive Session on 7 May 2013 and 
14 June 2013, under the provisions of AFI 36-2603: 

 

 

 , Panel Chair 

 , Member 

 , Member 

 


All members voted to correct the records as recommended. The 
following documentary evidence pertaining to AFBCMR Docket Number 
BC-2012-03780 was considered: 

 

 Exhibit A. DD Form 149, dated 10 Aug 12, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSIAR, dated 24 Sep 12. 

 Exhibit D. Letter, SAF/MRBR, dated 9 Oct 12. 

 Exhibit E. Letter, Applicant, dated 6 Nov 12. 

 Exhibit F. Letter, SAF/MRB Medical Advisory, dated 17 May 13. 

 

 

 

 

 

 Panel Chair