IN THE CASE OF:
BOARD DATE: 23 October 2013
DOCKET NUMBER: AR20130017890
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 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 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 DOD 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.
2. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the mental health condition during processing through the Disability Evaluation System (DES). The evidence of the available records shows that a diagnosis of adjustment disorder was made at some point prior to the medical evaluation board (MEB). At the time of processing through the DES, no mental health diagnoses were changed to the applicants possible disadvantage during that process. This applicant therefore did not appear to meet the inclusion criteria in the Terms of Reference of the Mental Health Diagnosis Review Project. The SRP also considered whether any mental condition, regardless of specific diagnosis, was unfitting for continued military service. Independent SRP psychiatrist evaluation of the entirety of the very limited record indicated that there was no preponderance of the evidence to favor any other mental health diagnosis during the DES processing time frame.
3. The adjustment disorder with anxiety is not a physical disability and is not ratable in accordance with DODI 1332.38. All SRP members agreed that evidence of the record reflected minimal mental health related symptoms and good duty performance (as related to mental functioning) in the period of time leading up to the MEB and through the retirement date, and therefore concluded that there was insufficient evidence that any mental health condition rose to the level of being unfitting at the time of separation and therefore none were subject to service disability rating.
4. 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 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) AR20130017890
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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