IN THE CASE OF:	  

		BOARD DATE:	  23 July 2014

		DOCKET NUMBER:  AR20140010681 


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 considers the appropriateness of changes (if any) in the MH diagnoses and the appropriateness of the physical evaluation board (PEB) fitness determination for any MH condition.  The SRP determined based on the preponderance of the applicant's performance and evidence that his MH condition was unfairly characterized as not unfitting by the service.  The SRP further considered whether the provisions of the Department of Veterans Affairs Schedules for Rating Disabilities (VASRD), section 4.129, were applicable and made recommendations for said ratings in accordance with VASRD, section 4.130, and VASRD, section 4.129, as appropriate.

3.  The SRP's first assessment with regard to the MH condition, under MH review project guidelines, was to judge (based on a preponderance of evidence) whether a diagnosis was changed to the potential disadvantage of the applicant or whether a diagnosis of post-traumatic stress disorder (PTSD) was changed or unfairly eliminated.  As noted above, consideration of PTSD was not relevant to this case.  Although a diagnosis of adjustment disorder was made by the Service psychiatrist which would not have been eligible for a service rating in accordance with DOD Instruction 1338.32(E5) and thereby unfavorable, the medical evaluation board (MEB) forwarded the ratable "more serious" diagnosis of depression for PEB consideration.  The applicant's case did not appear to meet the inclusion criteria in the terms of reference of the MH review project.

4.  The SRP also considered the appropriateness of the PEB determination that the adjudicated MH condition was not unfitting.  The MEB judged that the applicant's MH condition met retention standards and there was no psychiatric profile throughout her service.  The commander's statement supported a conclusion that there was no unfitting MH impairment and the Service treatment records provided no evidence of compromised performance due to psychiatric issues.

5.  After due deliberation in consideration of the preponderance of the evidence, the SRP concluded there was insufficient cause to recommend a change in the PEB fitness determination for the applicant's MH condition.

6.  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)                                  AR20140010681



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