IN THE CASE OF:
BOARD DATE: 19 February 2014
DOCKET NUMBER: AR20140000267
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 an MH 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 should be no change of the applicant's Temporary Disability Retired List (TDRL) entry disability and separation determination.
2. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the Disability Evaluation System (DES).
3. The available records show diagnoses of post-traumatic stress disorder (PTSD) and mood disorder were rendered and there were no changes in diagnoses; therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
4. The SRP indicated that regardless of the final physical evaluation board (PEB) diagnosis, section 4.129 did not specify a diagnosis of PTSD was required; rather, it referred to a "mental disorder due to a highly-stressful event" and its application was not restricted to PTSD.
5. The applicant had multiple stressful events prior to and during her military service. Despite these events, after her initial separation from service, she voluntarily went back to that geographic area to work as a contactor and ultimately reenlisted in the military for a second term of service.
6. The SRP concluded there was insufficient evidence to support a conclusion that a highly-stressful event severe enough to bring about the veteran's release from active military service occurred during her second enlistment and the application of section 4.129 was not appropriate in this case.
7. The panel next considered the PEB's 30-percent disability rating at TDRL entry under the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD), section 4.130. Within 6 months prior to and after TDRL entry, the applicant was still married, a full-time student pursuing a master's degree, and getting along well with friends. She still had some symptoms of PTSD and depression; however, she did not have the impairment in speech, memory, judgment, thinking, and panic attacks consistent with the 5-percent rating level.
8. The applicant was evaluated for a traumatic brain injury which resulted in a diagnosis of cognitive disorder that minimally impaired the applicant as evidenced by her ability to maintain a 3.0 grade point average in a master's-level educational program.
9. After due deliberation in consideration of reasonable doubt, the SRP concluded that there was insufficient cause to recommend a change in the PEB's adjudication for the MH condition at TDRL entry.
10. 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) AR20140000267
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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