IN THE CASE OF:
BOARD DATE: 12 February 2014
DOCKET NUMBER: AR20140000293
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 applicant's disability and retirement determination.
2. The SRP reviewed the applicants records for evidence of inappropriate changes in the diagnosis of the mental health (MH) condition during processing through the military Disability Evaluation System (DES). The evidence of the available records shows that a diagnosis of adjustment disorder was rendered. During processing through the military DES, no change in this diagnosis was made at any time. The SRP verified that no MH diagnoses were changed to the applicants possible disadvantage in the disability evaluation and the applicant did not meet the inclusion criteria in the Terms of Reference of the Mental Health Review Project.
3. The SRP considered whether the mental condition was unfitting for continued military service. The SRP agreed that the preponderance of evidence of the record reflected minimal symptoms and good duty performance in the period of time leading into the applicants Medical Evaluation Board (MEB).
4. After due deliberation in consideration of the evidence, the SRP unanimously agreed that the evidence of the record reflected minimal occupational and social impairment in the period of time leading into the applicants MEB, and therefore concluded the mental condition was not unfitting at the time of retirement and not subject to service disability rating.
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
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ABCMR Record of Proceedings (cont) AR20140000293
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