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.