IN THE CASE OF:	  

		BOARD DATE:	  23 July 2014

		DOCKET NUMBER:  AR20140010717 


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 majority vote that there should be no change to the applicant's disability and retirement determination.

2.  The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the applicant's MH condition during processing through the military Integrated Disability Evaluation System.  The evidence of the available records shows there were no changes in MH diagnoses to the applicant’s possible disadvantage in the disability evaluation.  Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project. 

3.  The SRP agreed that Physical Evaluation Board (PEB) adjudication of unfitting Post-Traumatic Stress Disorder (PTSD) was supported by the preponderance of evidence.  The applicant fully met the Diagnostic and Statistical Manual for Mental Disorders IV TR (DSM-IV-TR) diagnostic criteria for PTSD, therefore, the diagnosis of PTSD was the appropriate diagnosis.  Application of the provisions of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 was correct at the applicant’s Temporary Disability Retired List (TDRL) entry. 

4.  The SRP considered if there was evidence for a higher than 50 percent rating at time of the applicant placement on the TDRL.  The SRP considered the record in evidence best supported the 50 percent rating for TDRL entry and there was insufficient evidence for recommending a higher TDRL entry rating. 

5.  The SRP considered if there was evidence for a higher than 50 percent rating at the time of the applicant’s permanent retirement.  The SRP, by a majority vote, determined that the record in evidence best supported the 50 percent rating and there was insufficient evidence for a higher rating at the time of medical retirement.  The dissenting voter did not elect to submit a minority opinion.

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

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)                                  AR20140010717



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1