IN THE CASE OF:	  

		BOARD DATE:	  1 October 2014

		DOCKET NUMBER:  AR20140015394 


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 of the former service member (FSM).

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 FSM's case, the SRP determined by unanimous vote that there should be no change to the FSM's disability and retirement determination.

2.  The SRP considered the appropriateness of changes in the FSM's MH diagnoses; Physical Evaluation Board (PEB) fitness determination; and if unfitting, whether a disability rating recommendation in accordance with Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.130 was made.  Because the separation and Narrative Summary examinations listed diagnoses of depression and anxiety, but the psychiatric memorandum, Medical Evaluation Board (MEB) and the PEB concurred with a diagnosis of adjustment disorder, the SRP concluded the MH diagnosis was changed in the disability evaluation process and, therefore, met the inclusion criteria in the Terms of Reference of the MH Review Project.

3.  The SRP considered whether any mental condition, regardless of diagnosis, was unfitting for continued military service.  The SRP’s charge with respect to the FSM's MH conditions referred for review that were determined to be not unfitting by the PEB is an assessment of the appropriateness of the PEB’s fitness adjudication.  The SRP’s threshold for countering PEB not unfit determinations requires a preponderance of evidence.  The SRP agreed that the preponderance of evidence of the record reflected non-limiting MH symptoms in the period of time leading into the MEB. 

4.  After due deliberation in consideration of the preponderance of the evidence, the SRP agreed that the evidence of the record reflected minimal occupational and social impairment and, therefore, concluded the mental condition was not unfitting at the time of FSM's entry on TDRL and not subject to service 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 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)                                  AR20140015394



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