BOARD DATE:	  17 December 2014

		DOCKET NUMBER:  AR20140019340 


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 the diagnosis of the applicant's MH condition during processing through the Integrated Disability Evaluation System (IDES).  Diagnoses of anxiety disorder not otherwise specified (NOS), major depressive disorder (MDD), and Post-Traumatic Stress Disorder (PTSD) were rendered during the IDES process.  The diagnosis of PTSD was not forwarded by the Medical Evaluation Board.  

3.  The SRP agreed there was a change in diagnosis and, therefore, determined that the MH diagnosis was changed to the applicant’s possible disadvantage in the disability evaluation.  Therefore, the applicant met the inclusion criteria in the Terms of Reference of the MH Review Project.

4.  The SRP agreed that the Physical Evaluation Board adjudication of not unfitting anxiety disorder NOS and MDD was supported by the evidence.  The applicant indicated a history of anxiety and depression and sought MH care prior to deployment.  There was one reported psychiatric hospitalization for a suicide attempt.  There were no psychiatric emergency visits for panic attacks or other MH concerns, there was no evidence of impairment in thinking or judgment recorded in any of the mental status examinations, no active suicidal or homicidal thoughts, no legal issues, no reports of domestic violence, nor any psychiatric hospitalizations. 

5.  After due deliberation in consideration of the preponderance 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 service 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)                                  AR20140019340



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