IN THE CASE OF:
BOARD DATE: 4 December 2013
DOCKET NUMBER: AR20130019219
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.
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 applicants case, the SRP determined by unanimous vote that there be no change in his disability and retirement for any mental health condition.
2. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of any mental health condition during processing through the Disability Evaluation System (DES). The evidence of the available records shows 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 (MEB) and Compensation and Pension examinations prior to and during the Temporary Disability Retired List (TDRL) period recorded no report of mental health symptoms or treatment of psychological symptoms.
3. The SRP determined that no mental health diagnoses were changed to the applicants possible disadvantage in the disability evaluation. Therefore, he did not appear to meet the inclusion criteria in the Terms of Reference of the Mental Health Diagnosis Review Project.
4. The applicant requested correction of his record and stated there had been a change in a diagnosis that created a disadvantage in his disability evaluation. However, there was no evidence in the record that a change in any of his mental health diagnoses had occurred.
5. The SRP additionally concluded that no mental health condition rose to the level of being unfitting at entry into the TDRL period or prior to permanent medical retirement.
6. 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) AR20130019219
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