IN THE CASE OF:
BOARD DATE: 19 February 2014
DOCKET NUMBER: AR20140000880
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 of the applicant's disability and separation 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 the 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's first charge was to determine if any MH diagnoses were changed during the Disability Evaluation System (DES) process.
4. The applicant received some brief treatment for an anxiety disorder (not otherwise specified (NOS)) in January 2008 and after he declined further treatment and missed several appointments this diagnosis never again appeared in his service treatment records or the DES processing documents, nor did any other MH diagnosis. The physical profile(S1), dated 16 October 2009, did not list an MH diagnosis or impose psychiatric limitations.
5. The VA Compensation and Pension general medical examination, dated 30 July 2009, included the diagnosis of insomnia and referred the applicant for a specialty psychiatric evaluation. While the VA diagnosed dysthymic disorder and a Global Assessment of Functioning (GAF) score of 69 in September 2009, neither of these diagnoses appeared in the core DES processing documents or in any treatment notes.
6. The medical evaluation board (MEB) narrative summary (NARSUM), dated 16 September 2009, listed insomnia (#3) as meeting retention standards. The MEB DA Form 3947 (MEB Proceedings), dated 19 September 2009, listed the same insomnia (#3) diagnosis as meeting retention standards.
7. The informal PEB reconsideration on 10 March 2010 also listed the same MEB insomnia (#3) diagnosis as meeting medical retention standards and the PEB stated there was no evidence the diagnosis rendered the applicant unfit. No MH diagnoses were included in any of the DES documents.
8. The SRP determined, therefore, that no MH diagnoses were changed to the applicant's possible disadvantage during the disability evaluation processing, and the applicant did not meet the inclusion criteria of the Terms of Reference for the MH Review Project.
9. The SRP's charge with respect to MH conditions referred for review that were determined to be not unfitting, or not reviewed by the PEB, is an assessment of the appropriateness of the PEB's fitness adjudication. The SRP's threshold for countering the PEB not-unfit determinations required a preponderance of evidence.
10. There were no MH conditions profiled or implicated in the commander's statement and none were judged to fail retention standards by the MEB NARSUM examiner, the VA examiner, or on the MEB's DA Form 3947.
11. While the VA examiner noted the applicant was apathetic or irritated on a daily basis, he was able to complete required tasks, and he did not act out on his irritation with others. As noted above, he had a GAF score of 69 indicating mild symptoms.
12. There were no other indications from the records that an MH condition significantly interfered with satisfactory duty performance and there were no hospitalizations or emergency medical treatment due to an MH condition.
13. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded there was insufficient cause to recommend a change in the PEB fitness determination for the insomnia condition or any other MH condition; therefore, no additional disability rating was recommended.
14. 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) AR20140000880
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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