IN THE CASE OF:
BOARD DATE: 26 March 2014
DOCKET NUMBER: AR20140003241
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 the 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 to the applicants disability and medical retirement determination.
2. The SRP reviewed the records for evidence of inappropriate changes in the diagnosis of the MH condition during processing through the military Disability Evaluation System (DES). The evidence of the available records showed no MH diagnosis was rendered at any time prior to the Temporary Disability Retired List (TDRL).
3. The SRP reviewed the record in its entirety and found no evidence of an Axis I MH diagnosis, and concluded no MH diagnosis was eliminated or changed during processing of the DES. The SRP agreed the applicant did not appear to meet the inclusion criteria in the Terms of Reference of the MH Diagnosis Review Project. The SRP considered whether any mental condition, regardless of specific diagnosis was unfitting for continued military service.
4. The non-psychiatrist medical evaluation board (MEB) physician recorded a diagnosis of anxiety disorder during the applicants exit from the TDRL with no recorded symptoms or history of symptoms. The SRP considered that the diagnosis was made without clinical evidence and was assessed after the original MEB which was viewed by the physical evaluation board (PEB) as a new condition and was not part of the final PEB adjudication.
5. The SRP agreed that the evidence of record reflected very limited evidence of MH related symptoms. There was no evidence that the applicant was treated for a mental condition. The evidence shows there was reference to MH symptoms by primary care in 2005 and 2006 and intermittent prescriptions for reported anxiety and mood issues. There was no evidence that the applicant's symptoms reflected a primary Axis I diagnosis and the commander's statement did not implicate a MH issue and the MH condition was never profiled.
6. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient evidence that any MH condition rose to the level of being unfitting at the time of separation and none were subject to disability rating.
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) AR20140003241
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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