IN THE CASE OF:
BOARD DATE: 19 February 2014
DOCKET NUMBER: AR20140000309
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 to the applicant's disability and retirement determination.
2. The SRP considered the appropriateness of changes in the applicant's MH diagnoses and whether the provisions of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD), section 4.129, were applicable, and a disability rating recommendation in accordance with VASRD, section 4.130. The applicant's MH diagnoses of major depressive disorder, conversion disorder, and post-traumatic stress disorder were noted on all Disability Evaluation System documents leading up to his entry on the Temporary Disability Retired List (TDRL). The SRP members agreed that no MH diagnoses were changed to the applicant's possible disadvantage in the disability evaluation process and that he did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP next reviewed the evidence to determine the appropriate rating at TDRL entry. The SRP agreed that the applicant's physical evaluation board's (PEB) assignment of a 30-percent disability rating at TDRL entry was appropriate. Additionally, at TDRL exit, the evidence supported the conclusion that the applicant's MH impairment was somewhat improved and therefore the PEB's 30-percent permanent disability rating level at TDRL exit was also appropriate.
4. After due deliberation in consideration of the totality of the evidence, the SRP concluded there was insufficient cause to recommend a change in the PEB's adjudication for the MH condition.
5. 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
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140000309
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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