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ARMY | BCMR | CY2014 | 20140000838
Original file (20140000838.txt) Auto-classification: Denied

		IN THE CASE OF:	 

		BOARD DATE:	  12 February 2014

		DOCKET NUMBER:  AR20140000838 


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 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 applicant's disability and retirement determination.

2.  The SRP considered the appropriateness of changes in the applicant’s MH diagnoses, Physical Evaluation Board fitness determination, if unfitting, 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. 

3.  The SRP noted the diagnosis of Post-Traumatic Stress Disorder (PTSD) was included in the narrative summary (NARSUM) and the SRP agreed a diagnostic variance was potentially present.  The SRP reviewed the applicant’s record to determine if any MH condition was unfitting.

4.  The SRP noted that there was no indication from the applicant’s record that any MH condition significantly interfered with satisfactory duty performance.  However, the SRP noted a change in diagnosis in the applicant’s case with a potential disadvantage to the applicant but the SRP unanimously agreed that VASRD section 4.130 and section 4.129 were not applicable.  The applicant appeared to meet the inclusion criteria in the Terms of Reference of the MH Review Project.

5.  After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that the preponderance of evidence did not support an unfit determination for any MH disorder at the time of evaluation in the Disability Evaluation System or prior to separation

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 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)                                  AR20140000838



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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