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ARMY | BCMR | CY2014 | 20140004855
Original file (20140004855.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  22 April 2014

		DOCKET NUMBER:  AR20140004855 


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 reviewed the applicant’s records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the Disability Evaluation System (DES).  The evidence of the available records shows diagnoses of Post-Traumatic Stress Disorder (PTSD), adjustment disorder with depressed mood, adjustment disorder, chronic; and dyssomnia not otherwise specified (NOS) were rendered.  At the time of processing through the DES, the diagnosis of PTSD by a non-MH professional was changed to adjustment disorder. 

3.  The SRP considered whether the change was to the applicant's possible disadvantage during that process.  The SRP agreed the most appropriate diagnosis was adjustment disorder and there was no change in diagnosis to the applicant's disadvantage; the change reflected the appropriate diagnosis.  Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Diagnosis Review Project.

4.  The SRP also considered whether any mental condition, regardless of specific diagnosis was unfitting for continued military service.  The SRP agreed that evidence of the record reflected minimal MH related symptoms and good duty performance in the period of time leading into the Medical Evaluation Board.  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 therefore none were subject to service disability rating. 

5.  After due deliberation in consideration of the preponderance of the evidence, the SRP unanimously concluded that there was insufficient cause to recommend a change in the Physical Evaluation Board adjudication for the applicant's MH conditions.

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 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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ABCMR Record of Proceedings (cont)                                  AR20140004855



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