IN THE CASE OF:
BOARD DATE: 26 March 2014
DOCKET NUMBER: AR20140003253
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 to the applicant's disability and retirement determination.
2. The SRP considered the appropriateness of changes in the applicant's MH diagnoses; physical evaluation board (PEB) fitness determination; 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.
3. The SRP noted there had not been any medically-disqualifying MH diagnosis recorded by the medical evaluation board and the PEB recorded no unfitting MH diagnosis. Therefore, the SRP concluded that the applicant did not meet the inclusion criteria of the MH review project terms of reference.
4. The SRP addressed the question of fitness and noted that there had been no indication in the record of an unfitting MH condition. Based on its review of the entirety of the record, the SRP concluded that the preponderance of evidence did not support any MH condition rising to the level of being unfit at the time of placement on the Temporary Disability Retired List (TDRL). The SRP considered the TDRL guidance in DOD Instruction 1332.38.
5. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that the diagnosis of major depression, even if it were considered to be unfitting, would not be compensable at the time of the applicant's removal from the TDRL.
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) AR20140003253
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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