BOARD DATE:	  4 August 2015
  
		DOCKET NUMBER:  AR20150010723 


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 changes in diagnosis of the MH condition during processing through the Disability Evaluation System.  The SRP noted the absence of a recorded MH condition on the Medical Evaluation Board (MEB) DA Form 3947 (Medical Evaluation Board Proceedings) and in the Physical Evaluation Board (PEB).  However, the conditions of depression and anxiety were recorded in the narrative summary as "past history."  The SRP considered a MH condition was eliminated to the applicant’s possible disadvantage.  Therefore, the applicant met the inclusion criteria in the Terms of Reference of the MH Review Project. 

3.  Although the conditions were listed without elaboration of symptoms, and the applicant was diagnosed and treated at the primary care clinic, the SRP found insufficient evidence to support a compensable Axis I diagnosis of a depression or anxiety condition.  The SRP noted the Department of Veterans Affairs (VA) diagnosis of depression due to general medical condition, which is a non-ratable MH condition, was subsumed under the primary medical condition; however, the VA granted a rating for depression not otherwise specified.  There was no evidence that the applicant met diagnostic criteria for any primary Axis I pathology at the time of separation. 

4.  The SRP also considered whether any mental condition, regardless of specific diagnosis, was unfitting for continued military service.  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 a 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)                                  AR20150010723



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