IN THE CASE OF:
BOARD DATE: 8 January 2014
DOCKET NUMBER: AR20130020157
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.
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 should be no change to his disability and permanent disability retirement.
2. The SRP considered the appropriateness of changes in mental health diagnoses, PEB fitness determination, and the criteria for diagnosis according to the Diagnostic and Statistical Manual for Mental Disorders IV TR.
3. The SRP noted the PEB adjudicated the cognitive disorder as not unfitting. The PTSD condition was adjudicated as unfitting and the depressive condition to be a comorbid component thereof.
4. The SRP concluded that the preponderance of evidence did not support an unfit determination for the cogitative disorder at the time of evaluation in the Disability Evaluation System or prior to separation and that the depression condition was an integral component of the PTSD condition. Therefore, his case did not appear to meet the criteria for the Terms of Reference.
5. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded by a vote of 2 to 1 that there was insufficient cause to recommend a change in the PEB adjudication for the applicant's mental health condition. The single voter for dissent (who recommended a 70% rating for TDRL entry but concurred with a 50% permanent rating at separation) did not elect to submit a minority opinion.
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) AR20130020157
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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