IN THE CASE OF: BOARD DATE: 23 June 2015 DOCKET NUMBER: AR20150008316 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 an 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 processing. 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 in the service determination. 2. The SRP considers the appropriateness of changes (if any) in MH diagnoses, the appropriateness of physical evaluation board (PEB) fitness determination for any MH condition and, if unfitting, whether the provisions of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129 were applicable, followed by any indicated rating recommendations. The evidence of the available records showed a diagnosis of post-traumatic stress disorder (PTSD) was rendered during the Disability Evaluation System (DES) process. The diagnosis of PTSD was not changed and was adjudicated by the PEB; therefore, the applicant’s case did not meet the inclusion criteria of the Terms of Reference of the MH Review Project. 3. The SRP later turned to its assessment of the fairness of the PEB’s determination that PTSD was not unfitting. It was noted that fitness determinations were performance based, and that an SRP recommendation for a change in a fitness determination must be supported by a preponderance of evidence and not grounded in speculation or based on reasonable doubt. There were no psychiatric emergency visits, no active suicidal or homicidal thoughts, no legal issues, no reports of domestic violence, nor any psychiatric hospitalizations. The medical evaluation board psychiatric opinion was that the condition met retention standards. The commander’s statement, the S1 profile and the lack of any service treatment records evidence of performance limitations from cognitive or behavioral impairment were strong arguments against a conclusion that PTSD or any mental disorder, regardless of the diagnosis, and was reasonably recommended as unfitting. 4. After due deliberation in consideration of the preponderance of the evidence, and the standard set forth above, the SRP concluded that there was insufficient cause to recommend a change in the PEB fitness determination for PTSD; rendering it ineligible for 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) AR20150008316 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1