IN THE CASE OF:	

		BOARD DATE:	    5 March 2014

		DOCKET NUMBER:  AR20140001522 


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 a review of the military disability evaluation pertaining to a mental health (MH) condition.

2.  The applicant states, in effect, the case file should be reviewed in accordance with the Secretary of Defense directive for a comprehensive review of members who were referred for a disability evaluation between 11 September 2001 and 30 April 2012 and whose MH diagnosis was changed during that process.

3.  The applicant submitted an application through the Department of Defense (DOD) Physical Disability Board of Review (PDBR) MH Special Review Panel (SRP).

CONSIDERATION OF EVIDENCE:

1.  The PDBR SRP conducted a comprehensive review of the applicant's submissions and records for evidence of inappropriate changes in the diagnosis of an MH condition during processing through the military disability system.

2.  The DOD memorandum, dated 27 February 2013, directed the Service Secretaries to conduct a review of MH diagnoses for service members completing a disability evaluation process between 11 September 2001 and 30 April 2012 in order to determine if service members were disadvantaged by a changed diagnosis over the course of their physical disability process.

3.  In the processing of this case, an advisory opinion was obtained from the PDBR SRP and the applicant was provided a copy.

4.  The applicant did not respond to the advisory opinion.

DISCUSSION AND CONCLUSIONS:

1.  After a comprehensive review of the applicant's case, the SRP determined by unanimous vote that there should be no change of the applicant's disability and permanent disability retirement determination.

2.  The SRP determined that no MH diagnosis was changed to the applicant's possible disadvantage in the disability evaluation process; therefore, the SRP agreed the applicant did not meet the inclusion criteria in the Terms of Reference of the MH review project.

3.  The SRP noted the physical evaluation board (PEB) adjudicated the adjustment disorder as a condition not constituting a physical disability (DOD Instruction 1332.38) and therefore it was not rated.

4.  The SRP reviewed the adjustment disorder for correctness of diagnosis.  The Disability Evaluation System (DES) and the Department of Veterans Affairs (VA) data agreed the applicant did have an adjustment disorder that was under treatment.  The adjustment disorder was not implicated on any profile or noted in the commander's statement.  The noncompensable adjustment disorder was reviewed and considered by the SRP.  There was no indication from the records that it significantly interfered with satisfactory duty performance.

5.  The SRP agreed the provisions of VA Schedule for Rating Disabilities, section 4.129, were not applicable in this case and there was no evidence of a traumatic brain injury.

6.  After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient cause to recommend a change in the PEB's adjudication of the applicant's MH diagnosis.

7.  The available evidence shows the SRP's assessment should be accepted.


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 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)                                         AR20040003532



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ABCMR Record of Proceedings (cont)                                  AR20140001522



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