IN THE CASE OF:
BOARD DATE: 30 October 2013
DOCKET NUMBER: AR20130018444
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 permanent disability retirement.
2. The SRP agreed there were no inappropriate changes in diagnoses since Post-Traumatic Stress Disorder (PTSD) is considered a more serious diagnosis and the SRP determined that mental health diagnoses were not changed to the applicants possible disadvantage in the disability. Therefore, he did not meet the inclusion criteria in the Terms of Reference of the Mental Health Diagnosis Review Project. The SRP also considered whether the mental condition diagnosed by the Department of Veterans Affairs and the medical evaluation board psychiatry evaluation, regardless of specific diagnosis, was unfitting for continued military service.
3. All panel members agreed evidence of the record reflected minimal symptoms; no treatment was sought or rendered; there was no documented use of psychotropic medications in the year prior to medical retirement; there were no emergency room visits or psychiatric hospitalizations, and the applicant concurred that his condition met retention standards. The Panel discussed the commanders statement that referenced work habit and work ethic issues that contrasted with the March 2010 performance report and evidence of the clinical records. The SRP concluded the preponderance of evidence did not support an unfit determination for any mental health disorder at the time of evaluation in the Disability Evaluation System or prior to separation.
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 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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ABCMR Record of Proceedings (cont) AR20130018444
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