BOARD DATE:	  15 October 2014

		DOCKET NUMBER:  AR20140015740 


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 retirement determination.

2.  The SRP reviewed the records for evidence of inappropriate changes in diagnosis of any MH condition during processing through the military Disability Evaluation System (DES).  The evidence of the available records shows the diagnosis of adjustment disorder with anxiety and depressed mood was recorded in the Medical Evaluation Board (MEB) psychiatry addendum.  The adjustment disorder diagnosis was recorded as meeting medical retention standards.  No MH diagnosis was recorded in the MEB and none considered by the Physical Evaluation Board (PEB).  The SRP determined that the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project. 

3.   The SRP noted that the applicant’s initial Department of Veterans Affairs (VA) evaluation did not occur until 2 years after Temporary Disability Retired List (TDRL) entry and the subsequent assessment of Post-Traumatic Stress Disorder (PTSD), three years after TDRL entry; however, the SRP did not find sufficient evidence to support a PTSD diagnosis at the time of the applicant's TDRL entry. 

4.  The SRP concluded the diagnosis of adjustment disorder with anxiety and depressed mood was the appropriate diagnosis.  The adjustment disorder is not a physical disability and is not ratable.  The SRP agreed that evidence of the record reflected minimal MH-related symptoms. 

5.   After due deliberation, considering all of the evidence, the SRP concluded that there was insufficient evidence that any MH condition rose to the level of being unfitting at the time of separation and therefore none were subject to disability rating.

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)                                  AR20140015740



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