BOARD DATE: 4 June 2014 DOCKET NUMBER: AR20140007383 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 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 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 to the applicant's disability and separation determination. 2. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the military Disability Evaluation System (DES). The evidence shows diagnoses of panic disorder with agoraphobia and generalized anxiety disorder were rendered by the psychiatrist who prepared the Medical Evaluation Board (MEB) psychiatric consult and were the diagnoses of record throughout the DES process. The diagnoses were not changed to the applicant’s possible disadvantage. Therefore, the SRP agreed that the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project 3. The SRP noted that the Physical Evaluation Board (PEB) adjudicated the panic disorder with agoraphobia and generalized anxiety disorder as "not unfitting" and therefore was not rated. The SRP's charge with respect to the MH conditions referred for review that were determined to be not unfitting is an assessment of the appropriateness of the PEB's fitness adjudication. The well-established principle for fitness determinations is that they are performance-based and the SRP's threshold for countering PEB not-unfit determinations requires a preponderance of evidence. 4. The SRP agreed that the provisions of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 were not applicable in this case and there was no evidence of traumatic brain injury. 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. 5. 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) AR20140007383 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1