BOARD DATE:	  30 July 2014

		DOCKET NUMBER:  AR20140011159 


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 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 Department of Defense 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 be change of the applicant’s disability retirement determination. 

2.  The SRP determined that no MH diagnosis was changed to the applicant's
possible disadvantage in the disability evaluation process.  The SRP concluded 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 adjustment disorder as “not compensable, as it was not deemed to constitute a physical disability although it may be administratively unfitting – in accordance with Department of Defense Instruction (DoDI) 1332.38, encl 5,” which was in effect at the time. 

4.  The SRP also noted that the Disability Evaluation System (DES) and the Department of Veterans Affairs (VA) data agreed that the applicant did have an adjustment disorder that was under treatment.  Regardless of diagnosis, no MH condition was implicated as impacting the applicant's performance on any profile or noted in this manner on the commander’s statement.

5.  The SRP determined that there was no indication from the record that any MH condition significantly interfered with the applicant's satisfactory duty performance.  The SRP concluded the provisions of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129 were not applicable in this case. 

6.  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’s adjudication of the applicant’s MH diagnosis.

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 that 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)                                  AR20140011159



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