IN THE CASE OF:
BOARD DATE: 16 April 2014
DOCKET NUMBER: AR20140004396
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 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 there should be no change to the applicant's disability and separation determination.
2. The SRP considered the appropriateness of changes in the MH diagnoses; the physical evaluation board (PEB) fitness determination; 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 reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the military Disability Evaluation system (DES). The evidence of the available records shows that a diagnosis of childhood post-traumatic stress disorder was rendered. During processing through the military DES, no change in this diagnosis was made at any time. The SRP verified that no MH diagnoses were changed to the applicant's possible disadvantage in the disability evaluation. Therefore, the applicant did not meet the inclusion criteria in the terms of reference of the MH review project.
4. The SRP considered whether the mental condition was unfitting for continued military service. The SRP's charge with respect to the MH conditions referred for review that were determined to be not unfitting by the PEB is an assessment of the appropriateness of the PEB's fitness adjudication. The SRP's threshold for countering PEB not-unfit determinations required a preponderance of evidence.
5. The SRP noted the PEB concluded that the preponderance of evidence of record reflected minimal symptoms and good duty performance (as related to mental functioning) in the period of time leading into the medical evaluation board (MEB). At no time during the applicant's military service did he require psychiatric hospitalization or emergency care.
6. The MH condition was not profiled or implicated in the commander's statement and was not judged to fail retention standards by the MEB psychiatrist or the MEB. The SRP agreed that the evidence of record reflected minimal occupational and social impairment in the period of time leading into the MEB.
7. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded the applicant's mental condition was not unfitting at the time of separation and was not subject to a service disability rating.
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) AR20140004396
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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