IN THE CASE OF: BOARD DATE: 28 May 2014 DOCKET NUMBER: AR20140006952 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. He contends that Post-Traumatic Stress Disorder (PTSD) and Traumatic Brain Injury (TBI) were not evaluated and diagnosed correctly during the Medical Evaluation Board (MEB) and Physical Evaluation Board (PEB). 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 a 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 mental health 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 to the applicant's disability and retirement determination. 2. The SRP considered the appropriateness of changes in the MH diagnoses; PEB fitness determination; and if unfitting, whether the provisions of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 were applicable; and whether a disability rating recommendation in accordance with VASRD section 4.130 was made. 3. The SRP noted that although PTSD was listed in service treatment records prior to January 2010 PTSD was not the established diagnosis leading into the Disability Evaluation System (DES) process. Anxiety disorder and depression were referred into the DES as meeting retention standards and remained unchanged throughout the DES process. Therefore, the SRP concluded that the applicant did not meet the inclusion criteria of the Terms of Reference of the Mental Health Special Review Project. 4. The SRP also noted the VA Compensation and Pension examiner's diagnosis of PTSD as well as the reappearance of PTSD in some MH treatment records as the DES processing came to a close. The SRP considered the post-separation memorandum from the treating psychiatrist suggesting that PTSD was the correct diagnosis while the applicant was still in the Army. Review of the Post-Deployment Health Assessment, service treatment records following return from deployment, and primary MH treatment records at the time leading into and through the DES process did not lead the SRP to conclude that the anxiety disorder diagnosis listed by the treating psychiatrist and psychotherapists was incorrect. Therefore, no change in the MEB and PEB diagnosis is recommended. 5. The SRP next considered whether the MH condition, regardless of diagnostic label, was unfitting for continued military service. The SRP concluded that the preponderance of the evidence did not support that any mental condition rose to the level of being unfitting at the time of separation. 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 adjudication for the applicant's MH conditions. 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 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140006952 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1