IN THE CASE OF:
BOARD DATE: 12 February 2014
DOCKET NUMBER: AR20140000852
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 a 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.
3. 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 MH diagnoses, the Physical Evaluation Board (PEB) fitness determination, if unfitting, whether the provisions of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 were applicable. The applicants diagnosis of Post Traumatic Stress Disorder (PTSD) was made by a psychiatrist prior to entry into the Disability Evaluation System. The Narrative Summary (NARSUM) examiner and Medical Evaluation Board (MEB) examiner both refer to a diagnosis of PTSD. Although the psychiatric addendum to the applicants MEB did not specify an Axis I diagnosis, the MEB form listed depression as the only MH diagnosis. The SRP concluded the MH diagnosis was changed in the disability evaluation process and therefore the applicant met the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP concluded that at the time of placement on the Temporary Disability Retired List, the Veterans Affairs examination supported the MEB and PEB diagnoses of depression. The SRP also considered whether his 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 up to the MEB.
4. After due deliberation in consideration of the preponderance of the evidence, the SRP unanimously agreed that the evidence of record reflected minimal occupational and social impairment in the period of time leading up to the MEB, and concluded the mental condition was not unfitting at the time of separation and not subject to a 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) AR20140000852
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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