IN THE CASE OF:
BOARD DATE: 5 March 2014
DOCKET NUMBER: AR20140001852
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 of the applicant's disability determination at Temporary Disability Rating List (TDRL) entry.
2. The SRP concluded that no MH diagnoses were changed to the applicant's disadvantage and, therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH review project.
3. The SRP noted the commander's statement and profile action supported his inability to perform within his military occupation specialty due to post-traumatic stress disorder (PTSD) symptomatology, thus concluding the applicant's unfitting determination.
4. The SRP determined the physical evaluation board (PEB) appropriately applied the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD), section 4.129, with a disability rating of not less than 50 percent.
5. The SRP noted the applicant was placed on TDRL on 22 February 2010 and remained on the TDRL. The SRP also reviewed the data for the TDRL entry rating for evidence that could support the next higher 70-percent rating.
6. The SRP noted the psychiatrist who prepared the narrative summary addendum opined that the applicant's psychiatric symptoms caused occupational and social impairment with occasional decrease in work efficiency and intermittent inability to perform occupational tasks, wording directly reflective of the 30-percent rating under VASRD, section 4.130.
7. After due deliberation in consideration of the evidence, the SRP concluded the application of VASRD, section 4.129, and the TDRL entry rating of 50 percent were appropriately applied by the PEB.
8. 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
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ABCMR Record of Proceedings (cont) AR20140001852
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