IN THE CASE OF:
BOARD DATE: 8 January 2014
DOCKET NUMBER: AR20130020998
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 was changed during that process.
3. The applicant submitted an application through the 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 applicants submissions and records for evidence of inappropriate changes in the diagnosis of a MH 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 MH 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 of the applicant's disability and retirement determination.
2. The SRP considered the appropriateness of changes in MH diagnoses, Physical Evaluation Board (PEB) fitness determination and, if unfitting, whether the provisions of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) S4.129 were applicable, as well as a disability rating recommendation in accordance with VASRD S4.130. The SRP noted that the initial diagnosis of adjustment disorder had been made by the applicant's psychiatrist and that the diagnosis had remained unchanged throughout the Disability Evaluation System (DES) process. Post-Traumatic Stress Disorder (PTSD) had been diagnosed and requested to be added to the Medical Evaluation Board (MEB) by the applicant. The SRP concluded that this case did meet the inclusion criteria of the Terms of Reference for the MH Review Project for the initial determination for Temporary Disability Retired List (TDRL) entry.
3. The preponderance of evidence did not support any change of the applicant's MH diagnosis at entry into the TDRL period. The SRP considered the applicants evidence of record in its entirety and concluded that the preponderance of evidence did not support any mental health condition or symptoms as rising to the level of being unfitting.
4. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient cause to recommend any change in the PEB determination of the MH condition as not unfitting.
5. 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
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130020998
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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