IN THE CASE OF:
BOARD DATE: 5 February 2014
DOCKET NUMBER: AR20140000120
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 applicants submissions and records for evidence of inappropriate changes in the diagnosis of an 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 should be no change of the applicants disability and separation determination.
2. The SRP reviewed the records for evidence of inappropriate changes or elimination of diagnosis of the applicant's MH condition during processing through the Integrated Disability Evaluation System (DES), pilot program and found none.
3. The SRP next considered whether the applicant's MH condition diagnosed by the Department of Veterans Affairs and the medical evaluation board psychiatry evaluation, regardless of specific diagnosis was not unfitting for continued military service. The SRP considered the applicant's adjustment disorder with anxiety condition was not specifically profiled, not mentioned in the commanders statement, and was not judged to fail retention standards.
4. The SRP agreed a diagnosis of Post-Traumatic Stress Disorder was not supported by the record according to Diagnostic and Statistical Manual for Mental Disorders IV TR criteria.
5. The SRP agreed the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
6. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that the evidence did not support an unfit determination for any MH disorder at the time of the applicant's evaluation in the DES or prior to separation and that the Veterans Affairs Schedule for Rating Disabilities Section 4.130 and Section 4.129 did not apply.
7. 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) AR20140000120
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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