IN THE CASE OF:
BOARD DATE: 12 March 2014
DOCKET NUMBER: AR20140002386
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 applicants case, the SRP determined by unanimous vote that there should be no change of the applicants disability and retirement determination.
2. The SRP considered the appropriateness of changes in the MH diagnoses, physical evaluation board fitness determination; and 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 noted the presence of MH diagnoses in the narrative summary (NARSUM), the psychiatry addendum discounting any MH diagnosis and the absence of a MH diagnosis in the medical evaluation board (MEB) containing an undefined condition.
4. The SRP was unable to determine whether this constituted an exclusion of a MH diagnosis by the MEB based on the psychiatry addendum to the NARSUM or a typographical externality. The SRP agreed the applicant did not appear to meet the inclusion criteria in the Terms of Reference of the MH Review Project.
5. The SRP considered whether any MH condition diagnosed by a health care provider, regardless of specific diagnosis, was unfitting for continued military service. The SRP noted that no MH condition was specifically profiled or was included in the commander's statement nor was judged to fail retention standards. There was no indication from the record that any MH condition significantly interfered with the applicants satisfactory duty performance.
6. After due deliberation in consideration of the preponderance of evidence, the SRP concluded that the evidence did not support an unfit determination for any MH disorder at the time of the applicant's evaluation in the Disability Evaluation System (DES) or prior to his retirement. The SRP opined that VASRD Section 4.130 and VASRD Section 4.129 were not applicable in this case.
7. 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
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140002386
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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