IN THE CASE OF:
BOARD DATE: 18 December 2013
DOCKET NUMBER: AR20130019222
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 noted that the applicant did not have a mental health condition referred for evaluation in the Disability Evaluation System and agreed that he did not meet the inclusion criteria in the Terms of Reference of the Mental Health Diagnosis Review Project.
3. The SRP concluded that there was insufficient cause to recommend addition of a mental health condition as unfit for rating at the time of separation from active duty and placement on the Temporary Disability Retired List (TDRL). The SRP agreed that conditions which are not unfitting for continued military duty at the time of separation from active duty and placement on TDRL are not considered for fitness or rating at the time of removal from TDRL. Therefore, the applicant's anxiety condition was appropriately not considered by the Physical Evaluation Board (PEB) at the time of his removal from the TDRL and permanent disability disposition.
4. The applicant was provided with a copy of the SRP for information and to allow him the opportunity to submit comments or a rebuttal. The applicant responded and requested a 90-day extension. He was granted a 15-day extension but did not respond within that time frame.
5. After due deliberation, in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient cause to recommend a change in the PEB adjudication for the applicants PTSD condition.
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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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130019222
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