IN THE CASE OF:
BOARD DATE: 22 April 2014
DOCKET NUMBER: AR20140004966
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 applicants case, the SRP determined by unanimous vote that there should be no change of the applicants disability and separation determination.
2. The SRP considered the appropriateness of changes in the mental health diagnoses, the Physical Evaluation Board (PEB) fitness determination; and 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 noted that the diagnosis of adjustment disorder had been consistently recorded prior to and throughout the course of the applicant's processing through the disability evaluation system. Since the diagnosis did not appear to have been changed at any point to the applicant's detriment, the SRP concluded that the case did not meet the inclusion criteria of the Terms of Reference of the Mental Health Special Review Project.
4. The SRP determined the available data demonstrated a consistent opinion on the part of the applicant's providers that the symptoms reported by the applicant were a response to life stressors as she had stated. The SRP discussed the issue of fitness, regardless of the diagnosis and noted that the commander's report, while it did mention a mental health condition, appeared to attribute to the applicant's inability to perform in her military occupational specialty due to her physical limitations as opposed to her mental health condition. This was the impression stated in the retention assessment. In addition, there did not appear to be any profile in the record reflecting limitation of duty related to a mental health condition.
5. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded the evidence did not support any change in the applicants mental health diagnosis and no mental health condition (regardless of diagnosis) rose to the level of being unfitting at the time of separation, or any change in the PEB's adjudication of an adjustment disorder as a noncompensable condition in accordance with DOD Instruction 1332.28.
6. 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
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ABCMR Record of Proceedings (cont) AR20140004966
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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