IN THE CASE OF:	  

		BOARD DATE:	  2 July 2014

		DOCKET NUMBER:  AR20140009108 


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 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 considered the appropriateness of changes in the MH diagnoses, physical evaluation board (PEB) fitness determination; if unfitting, whether the provisions of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD), section 4.129, were applicable, and a disability rating recommendation in accordance with VASRD, section 4.130.

3.  The SRP noted that although no specific diagnosis had been made prior to entrance into the Disability Evaluation System (DES); anxiety disorder (not otherwise specified) was the diagnosis made by the psychiatric narrative summary examiner and VA examiner and was the diagnosis considered by the medical evaluation board (MEB) and adjudicated by the PEB.  The SRP noted no changes had been made in the diagnosis.  Therefore, the applicant did not meet the inclusion criteria of the terms of reference of the MH diagnosis review project.

4.  The SRP turned to a discussion of fitness and noted the applicant had not sought or apparently required any MH care during the course of his military career prior to entry into the DES.

5.  The SRP reviewed the evidence of record and found there was adequate performance until referral attributable to any MH condition or symptoms.  In addition, neither of the evaluations by MH care examiners in the course of the DES processing had indicated a significant impact of an MH disorder on the applicant's ability to function in the military.  Additionally, the commander's statement and the noncommissioned officer evaluation reports in evidence likewise did not reflect any negative effect of an MH disorder on military function.

6.  After due deliberation in consideration of the evidence of record, the SRP concluded there was not a preponderance of evidence to support any change in the PEB's finding of the MH condition as being not unfitting.

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)                                  AR20140009108



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