IN THE CASE OF:
BOARD DATE: 8 January 2014
DOCKET NUMBER: AR20130020991
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 (MH) 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 MH diagnosis was changed during that process.
3. The applicant submitted an application through the Department of Defense (DOD) Physical Disability Board of Review (PDBR) MH 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.
2. The DOD memorandum, dated 27 February 2013, directed the Service Secretaries to conduct a review of MH diagnoses for service members completing a disability evaluation process between 11 September 2001 and 30 April 2012 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 applicant's case, the SRP determined by unanimous vote that there be no change to his disability and retirement determination.
2. The SRP concluded that the diagnosis of anxiety disorder (not otherwise specified) had not been changed to the disadvantage of the applicant in the course of the Disability Evaluation System process. Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP considered the appropriateness of the diagnosis. However, after reviewing the available records, the SRP did not discover sufficient evidence to indicate the applicant's condition, contrary to the opinion of his providers, did meet criteria for post traumatic stress disorder. The SRP adjudged that there was not a preponderance of the evidence sufficient for any change to the Physical Evaluation Board (PEB) adjudicated MH.
4. The PEB awarded a disability rating of 10 percent consistent with mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks during periods of significant stress. The SRP considered whether the applicant's condition met any criteria for a rating higher than 10 percent.
5. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was not a preponderance of evidence to support a change in the disability rating assigned by the PEB.
6. 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) AR20130020991
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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