IN THE CASE OF: BOARD DATE: 3 September 2015 DOCKET NUMBER: AR20150012620 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) Mental Health 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 a mental health 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 in order 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 were no changes to the applicant’s disability and separation determination. 2. The Panel reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the Disability Evaluation System (DES). The evidence of the available records showed a non-MH examiner listed anxiety and depression as diagnoses during the DES process, but no MH provider rendered a MH diagnosis. An MH diagnosis was not forwarded by the Medical Evaluation Board (MEB) or adjudicated by the Physical Evaluation Board (PEB). Therefore the applicant did not appear to meet the inclusion criteria in the Terms of Reference of the MH Review Project. 3. The SRP concluded that the preponderance of evidence did not support a diagnosis of anxiety or depression at the time of separation. Adequate pre-separation evidence was lacking. The SRP considered whether any mental condition, regardless of diagnosis, was unfitting for continued military service. The SRP’s threshold for recommending a not-unfit determination required a preponderance of evidence. The SRP agreed the evidence of the record reflected minimal occupational impairment on the basis of MH related symptoms. The commander’s statement did not implicate an MH condition as a cause of duty impairment. At no time during the applicant’s military service did she require psychiatric hospitalization or emergency care. No MH condition was permanently profiled or was judged to fail retention standards. There was no indication from the record that an MH condition significantly interfered with satisfactory duty performance. The SRP concluded that there was insufficient evidence that an MH condition rose to the level of being unfitting at the time of separation. 4. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient cause to recommend a determination of unfit for an MH condition and no disability rating was recommended. 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) AR20150012620 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1