IN THE CASE OF: BOARD DATE: 6 August 2014 DOCKET NUMBER: AR20140011589 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 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 a unanimous vote that there should be no change of the applicant’s disability 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 available evidence shows the diagnosis of an adjustment disorder with anxiety and depressed mood as the only diagnosis rendered during DES processing. The SRP agreed there were no changes in the diagnoses; therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project. 3. The SRP considered whether the MH conditions were unfitting for continued military service, regardless of specific diagnosis and without regard to the presumption of fitness rule. The adjustment disorder was not a physical disability and is not ratable in accordance with DOD Instruction 1332.38. The SRP agreed that the record of evidence reflected minimal MH related symptoms. The applicant was never hospitalized psychiatrically, never reported suicidal or to have homicidal thoughts, was never seen in the emergency room for MH concerns, and there was no reported issues of domestic abuse or marital conflict. At the time of the narrative summary (NARSUM), the applicant had participated in six counseling sessions which he stated were helpful, and in 2011, received three prescriptions for Zoloft. Although the commander’s performance evaluation acknowledged the anxiety condition, an MH condition was never profiled. 4. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded there was insufficient evidence to recommend an unfitting MH condition at the time of separation and none was subject to a disability rating. 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 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 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140011589 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1