IN THE CASE OF:
BOARD DATE: 19 February 2014
DOCKET NUMBER: AR20140000372
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 applicants case, the SRP determined by unanimous vote that there should be no change of the applicants disability and retirement determination.
2. The SRP considered the appropriateness of changes in the MH diagnoses, the physical evaluation board (PEB) fitness determination and if unfitting, whether the provisions 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.
3. The SRP considered the criteria for diagnosis according to the Diagnostic and Statistical Manual for Mental Disorders IV TR including: the evidence for the stressor (criterion A), re-experiencing of the event (criterion B), persistent avoidance of stimuli associated with the trauma (criterion C), hyperarousal (criterion D), duration and onset (criterion E), and presence of clinically significant distress or impairment in social, occupational or other important area of functioning (criterion F).
4. The SRPs first determined if any MH diagnoses were changed during the Disability Evaluation System process. The applicants physical profile, dated
3 June 2010, did not list an MH diagnosis. However, the applicants record shows she had a permanent psychiatric level one (S1) physical profile, which did not impose any MH limitations on her duty. The applicants medical evaluation board narrative summary (NARSUM) listed adjustment disorder with mixed emotional features. The Informal PEB also listed adjustment disorder with mixed emotional features.
5. The SRP determined that no MH diagnoses were changed to the applicant's possible disadvantage in the disability evaluation process and that the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
6. The SRP also turned its attention to an assessment of the appropriateness of the PEBs fitness adjudications. The Boards threshold for countering fitness determinations was higher than the VASRD Section 4.3 (reasonable doubt) standard used for its rating recommendations, but remains adherent to the DOD Instruction Number 6040.44 (Lead DOD Component for the PDBR) "fair and equitable" standard. The SRP considered and reviewed all records.
7. After due deliberation in consideration of the evidence, the SRP concluded the MH condition was not profiled; nor implicated in the commanders statement; and there were no other indications from the record that the MH condition significantly interfered with satisfactory duty performance, and was not judged to fail retention standards.
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) AR20140000372
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