IN THE CASE OF:
BOARD DATE: 26 February 2014
DOCKET NUMBER: AR20140001266
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) Mental Health 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 Disability Evaluation System (DES).
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 separation determination.
2. The SRP reviewed the records for evidence of inappropriate changes in the MH diagnosis during the applicant's processing through the military DES. The evidence available shows a single diagnosis of adjustment disorder with anxiety was rendered.
3. At the time of processing through the DES there was no change in diagnosis; however, there was an evaluation for Post-Traumatic Stress Disorder (PTSD). A diagnosis of PTSD was not rendered during the DES process.
4. The psychiatric evaluation confirmed the diagnosis of adjustment disorder and there was no indication in the treatment records that the symptoms interfered with military service. Both post-deployment screens recorded no MH symptoms.
5. Although, there was a reference to MH services for adjustment disorder due to post-deployment reintegration and spousal relations, there was no documented MH treatment from MH providers.
6. The diagnosis of PTSD was made after separation, during the Department of Veterans Affairs (VA) MH evaluation for claimed adjustment disorder, insomnia and PTSD. The SRP acknowledged the combat stressor; however, other symptoms endorsed during the VA examination were not endorsed in Service or during the DES process.
7. The SRP agreed that there was no change in diagnosis to the applicant's disadvantage during the DES process. Therefore, the applicant did not appear to meet the inclusion criteria in the Terms of Reference of the MH Diagnosis Review Project. The SRP also considered whether any mental condition, regardless of specific diagnosis was unfitting for continued military service. The adjustment disorder was not a physical disability and was not ratable in accordance with DODI 1332.38.
8. The SPR agreed that the evidence of record reflected minimal MH related symptoms and good duty performance (as related to mental functioning) in the period of time leading into the medical evaluation board, and therefore concluded that there was insufficient evidence that any MH condition rose to the level of being unfitting at the time of separation, thus none were subject to a service disability rating.
9. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded there was insufficient cause to recommend a change in the physical evaluation board adjudication for the applicant's MH conditions.
10. 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) AR20140001266
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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