IN THE CASE OF:
BOARD DATE: 19 March 2014
DOCKET NUMBER: AR20140002656
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 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 mental health 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 mental health 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 mental health 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 retirement determination.
2. The SRP considered the appropriateness of changes in the applicants mental health diagnoses, Physical Evaluation Board (PEB) fitness determination, and if unfitting, whether the provisions of 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. The Department of Veterans Affairs (VA) mental health examiner diagnosed the applicant with Post Traumatic Stress Disorder (PTSD) during the Compensation and Pension (C&P) as part of the Disability Evaluation System. The Medical Evaluation Board (MEB) forwarded the mental health diagnoses of adjustment disorder with anxiety and depressed mood to the PEB for adjudication. The PEB adjudicated the applicant for the same diagnosis.
3. The SRP determined that the mental health diagnosis was changed to the applicant's possible disadvantage in the disability evaluation process. Therefore, the applicant did meet the inclusion criteria in the Terms of Reference of the Mental Health Review Project.
4. The SRP considered the mental health diagnosis at separation and determined that the preponderance of evidence did not support changing the MEB diagnosis. The SRP also considered if there was an unfitting mental health condition at separation.
5. After due deliberation in consideration of the preponderance of the evidence, the SRP unanimously concluded that the evidence does not support the presence of an unfitting mental health condition at the time of the applicant's retirement.
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) AR20140002656
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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