IN THE CASE OF:
BOARD DATE: 5 March 2014
DOCKET NUMBER: AR20140001523
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 in the applicant's disability and retirement determination.
2. The SRP reviewed the records for evidence of changes in diagnosis of the MH condition during processing through the military Disability Evaluation System (DES). The evidence of the available records show no MH diagnosis was rendered at the time of processing through the DES. The applicant did not appear to meet the inclusion criteria in the Terms of Reference of the MH review project and there was no evidence of treatment of an MH condition.
3. The SRP noted the applicant's DD Form 2808 (Report of Medical Examination) reported the applicant had seen an MH provider on one occasion and reported the use of medication for anxiety and sleep; however, there was no evidence among the available records of MH treatment including medications to treat an MH concern. The SRP agreed there was no evidence of an MH condition prior to medical retirement.
4. The SRP acknowledged the post-traumatic stress disorder (PTSD) diagnosis from the Department of Veterans Affairs (VA) 6 months after medical retirement. However, there was no clinical evidence that any MH condition interfered in the ability of the applicant to perform his military duties.
5. The applicant's officer evaluation report 10 months prior to discharge recommended his promotion to captain. The commander's statement referenced "overwhelming pain and side effects of pain medication" as interfering in applicant's ability to function at full capacity. The condition diagnosed during the 2010 examination was never profiled; the commander's statement did not implicate an MH concern.
6. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that the evidence did not support that any MH condition was unfitting at the time of medical retirement and not subject to disability rating.
7. 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) AR20140001523
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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