IN THE CASE OF:
BOARD DATE: 19 February 2014
DOCKET NUMBER: AR20140000319
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 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 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 applicant's case, the SRP determined by unanimous vote that there should be no change to the applicants disability and retirement determination.
2. The SRP reviewed the records for evidence of changes in or elimination of diagnoses of the MH condition that may have been to the applicants disadvantage during processing through the Integrated Disability Evaluation System (IDES).
3. The SRP noted that the evidence of the applicants available records showed no MH diagnosis. However, the diagnostic variance memorandum recorded a diagnosis of adjustment disorder with anxious mood. The Department of Veterans Affairs Compensation and Pension (C and P) evaluation recorded a diagnosis of Post-Traumatic Stress Disorder (PTSD). The applicants diagnoses were forwarded by the medical evaluation board; however, the physical evaluation board adjudicated the adjustment disorder with anxious mood and eliminated the PTSD diagnosis. Therefore, there was an elimination of an MH diagnosis to the applicants possible disadvantage during the IDES process. Therefore, the applicant did meet the inclusion criteria in the Terms of Reference of the MH Review Project.
4. The SRP agreed the preponderance of evidence at the time of the applicants separation did not support a PTSD diagnosis. The SRP agreed the diagnosis of adjustment disorder was the appropriate diagnosis at the time of separation. Also the SRP considered whether any mental condition, regardless of specific diagnosis, was unfitting for continued military service.
5. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded there was insufficient evidence that any MH condition rose to the level of being unfitting at the time of the applicants separation and no MH condition was subject to a disability rating.
6. 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
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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) AR20140000319
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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