IN THE CASE OF:
BOARD DATE: 15 January 2014
DOCKET NUMBER: AR20130020914
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 be no change in the applicant's fitness determination.
2. The SRP considered the appropriateness of changes in mental health (MH) diagnoses and the physical evaluation board (PEB).
3. The SRP first noted that prior to entry into the Disability Evaluation System (DES) there had been no MH diagnosis. The documentation of "depression" appeared to have been erroneous as the psychiatrist had recommended the initiation of an S2 profile based on "adjustment disorder with depressed mood" two weeks previously and the applicant's records did not contain any information to indicate a new or different diagnosis. Further, the SRP noted that even though the diagnosis of "depression" appeared to be an error and not substantiated by any clinical examination or behavioral health provider, it was noted as a formal part of the DES process. As the record indicated a change in diagnosis to the possible disadvantage of the applicant in the course of processing through the DES, the majority of the SRP concluded that this case met the inclusion criteria for the Terms of Reference of the MH Review Panel.
4. The Panel next addressed the issue of appropriateness of the diagnosis and considered that there had been no history of MH treatment prior to the month prior to the 9 November 2009 note from the psychiatrist for the medical evaluation board (MEB). Evaluations by both that psychiatrist and the VA psychologist who saw the applicant a year later agreed that her symptoms most closely approximated the criteria for an adjustment disorder. There is nothing in the commander's statement or elsewhere in the available record to suggest any impact on military functioning due to a psychiatric condition and the psychiatrist's note specifically states that she met retention standards.
5. After due deliberation in consideration of the preponderance of the evidence the SRP unanimously concluded that there was insufficient cause to recommend a change in the PEB diagnoses for the applicant's MH 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) AR20130020914
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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