IN THE CASE OF:
BOARD DATE: 19 February 2014
DOCKET NUMBER: AR20140000243
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 of the applicants disability and separation determination.
2. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the mental health (MH) condition during processing through the Integrated Disability Evaluation System (IDES). The evidence of the available records shows that adjustment disorder was the only diagnosis rendered.
3. The SRP acknowledged the diagnosis rendered by the Department of Veterans Affairs (VA) examiner which was consistent with the record of evidence of adjustment disorder with disturbance of mood and conduct; however, the SRP agreed that the diagnosis of anxiety disorder with disturbance of mood and conduct was likely entered in error.
4. The diagnosis did not exist in the Diagnostic and Statistical Manual of Mental Disorders (DSM)-IV. Therefore, at the time of processing through the DES no MH diagnoses were changed to the applicants possible disadvantage during that process. Therefore, the applicant did not appear to meet the inclusion criteria in the Terms of Reference of the Mental Health Review Project.
5. The SRP also considered whether any mental condition, regardless of specific diagnosis, was unfitting for continued military service. The adjustment disorder with depressed mood was not a physical disability and was not ratable in accordance with Department of Defense Instruction (DoDI) 1332.38.
6. The SRP agreed that the evidence of record reflected minimal MH related symptoms. There was no evidence from the medication profile of psychotropic medication use at any time prior to separation. The commanders statement did not implicate an MH issue and the MH condition was never profiled.
7. The SRP therefore concluded that there was insufficient evidence that any MH condition rose to the level of being unfitting at the time of separation and therefore none were subject to disability rating.
8. 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) AR20140000243
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