IN THE CASE OF:
BOARD DATE: 23 October 2013
DOCKET NUMBER: AR20130017250
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 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 mental health diagnosis was changed during that process.
3. The applicant submitted an application through the 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 applicants submissions and records for evidence of inappropriate changes in the diagnosis of a mental health condition during processing through the military disability system. A copy of the SRP recommendation was forwarded to the applicant.
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 process.
DISCUSSION AND CONCLUSIONS:
1. After a comprehensive review of the applicants case, the SRP determined by unanimous vote that there be no change to his disability and retirement determination.
2. The SRP reviewed the records for evidence of inappropriate changes or elimination of diagnosis of a mental health condition during processing through the Integrated Disability Evaluation System (IDES), pilot program. The SRP noted the depressive disorder diagnosed in the Department of Veterans Affairs Compensation and Pension (C&P) psychiatric evaluation of 18 May 2010 was not recorded in the Medical Evaluation Board (MEB). The mental health condition recorded in the C&P was acknowledged in the MEB/narrative summary, the psychiatric diagnostic variance indicated the applicant did not have a mental health condition, and hence, no mental health condition was forwarded to the Physical Evaluation Board (PEB) for adjudication, or noted on the PEB adjudication. Therefore, at the time of processing through the IDES, pilot program, a mental health diagnosis (depressive disorder not otherwise specified, mild, due to general medical condition) was eliminated to the covered individuals possible disadvantage during that process. This applicant did meet the inclusion criteria in the Terms of Reference of the Mental Health Diagnosis Review Project.
3. However, all SRP members agreed that the evidence of record reflected minimal symptoms, no treatment sought or rendered, no use of psychotropic medications, and good duty performance (as related to mental functioning) in the period of time leading up to the MEB and through the retirement date.
4. The SRP concluded that the preponderance of evidence did not support an unfit determination for any mental health disorder at the time of evaluation in the DES or prior to separation.
5. The available evidence shows the SRPs 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
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130017250
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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