IN THE CASE OF:
BOARD DATE: 5 March 2014
DOCKET NUMBER: AR20140001539
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 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 separation determination.
2. The SRP reviewed the records for evidence of inappropriate changes or elimination of diagnosis of the applicants mental health (MH) condition during processing through the Integrated Disability Evaluation System (DES). The SRP found that the referred diagnosis of anxiety disorder was forwarded by the Medical Evaluation Board (MEB) and determined by the Physical Evaluation Board (PEB) to be not unfitting. The SRP agreed that the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP considered the question of diagnosis, noting the diagnostic variance between the findings of not unfitting anxiety and the Department of Veterans Affairs Compensation and Pension (C&P) exam diagnosis of Post Traumatic Stress Disorder (PTSD). The SRP unanimously agreed that the preponderance of the available evidence did not support a PTSD diagnosis.
4. The SRP also considered whether the applicant's MH condition diagnosed by the Department of Veterans Affairs (VA) and the MEB psychiatry evaluation was unfitting for continued military service. There was no indication from the record that any MH condition significantly interfered with the applicant's satisfactory duty performance.
5. After due deliberation in consideration of the preponderance of the evidence, the SRP unanimously agreed that the evidence did not support an unfit determination for any MH disorder at the time of evaluation in the DES or prior to applicant's 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 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) AR20140001539
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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