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ARMY | BCMR | CY2013 | 20130018456
Original file (20130018456.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:  30 October 2013

		DOCKET NUMBER:  AR20130018456 


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 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.  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 during the course of their physical disability process.

DISCUSSION AND CONCLUSIONS:

1.  After a comprehensive review of the applicant's case, the SRP determined by unanimous vote that there be no change to his disability and permanent disability retirement.

2.  The SRP reviewed the records for evidence of inappropriate changes in the diagnosis of any mental health condition during processing through the Disability Evaluation System (DES).  The available evidence of record shows that no mental health diagnosis was rendered during the DES and there was no evidence of treatment of a mental health condition prior to retirement.  Both the medical evaluation board and Compensation and Pension examinations prior to and during the Temporary Disability Retired List period recorded no report or complaint of psychological symptoms.  The initial diagnosis of post-traumatic stress disorder was over 2 years following retirement.  The SRP concluded that there was no unfitting mental health condition at the time of medical retirement.

3.  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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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                  AR20130018456



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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