IN THE CASE OF:
BOARD DATE: 20 May 2014
DOCKET NUMBER: AR20140006488
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 that there should be no change of the applicant's disability and separation determination.
2. The SRP determined that there was no MH diagnosis referred by the medical evaluation board (MEB) to the physical evaluation board for adjudication. The SRP adjudged this to constitute a de facto determination by medical providers that no MH condition failed to meet retention standards, or was unfitting for continued military service. Therefore, the applicant did not meet the inclusion criteria in the MH review project terms of reference.
3. The SRP also determined the applicant's MH condition was an assessment of the fitness based on a preponderance of the evidence. There were four entries for treatment for depression in 2009 according to the service treatment records. There was documentation in the MEB narrative summary that indicated the applicant's depression symptoms were responding well to the Effexor anti-depressant medication. Both depression and post-traumatic stress disorder screenings performed in June 2010 were negative. No MH condition was specifically profiled (physical profile of "S1" indicating no psychiatric duty restrictions), was implicated in the commander's statement, or was judged to fail retention standards. The commander's statement focused on the applicant's medical condition only. There were no psychiatric hospitalizations for the applicant's MH condition.
4. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient cause to recommend a determination of unfitness for a contended MH condition and no additional disability rating was recommended.
5. 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
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140006488
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140007522
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. 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 separation determination. After due deliberation in consideration of the preponderance of the evidence, the SRP...
ARMY | BCMR | CY2014 | 20140010501
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. The SRP directed attention to its recommendations and its first assessment with regard to the MH condition, under MH Review guidelines, was to judge (based on a preponderance of evidence) whether an MH diagnosis was changed or unfairly eliminated during the...
ARMY | BCMR | CY2014 | 20140010658
The PDBR SRP conducted a comprehensive review of the applicant's submissions and records for evidence of inappropriate changes in the diagnosis of a MH condition during processing through the military disability system. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the applicant's MH condition during processing through the military Disability Evaluation System. Because the separation physical examination listed diagnoses of depression and post-traumatic...
ARMY | BCMR | CY2014 | 20140013478
The PDBR SRP conducted a comprehensive review of the applicants submissions and records for evidence of inappropriate changes in the diagnosis of a MH condition during processing through the military disability system. The SRP directed attention to its recommendations based on the above evidence and, its first assessment, under MH Review Project guidelines, was to judge whether a ratable MH diagnosis (in this case anxiety and/or depression) was unfairly eliminated during the Integrated...
ARMY | BCMR | CY2014 | 20140009102
The applicant requests a review of the military disability evaluation pertaining to a mental health (MH) condition. 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. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the military Disability...
ARMY | BCMR | CY2014 | 20140004337
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. 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 diagnoses of depression and Post-Traumatic...
ARMY | BCMR | CY2015 | 20150005863
The applicant submitted an application through the DOD Physical Disability Board of Review (PDBR) MH Special Review Panel (SRP). The PDBR SRP conducted a comprehensive review of the applicants submissions and records for evidence of inappropriate changes in the diagnosis of a MH condition during processing through the military disability system. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the applicant's MH condition during processing through the...
ARMY | BCMR | CY2014 | 20140007370
The applicant requests a review of the military disability evaluation pertaining to a mental health (MH) condition. The PDBR SRP conducted a comprehensive review of the applicants submissions and records for evidence of inappropriate changes in the diagnosis of a MH condition during processing through the military disability system. The SRP determined the applicants MH condition to be not unfitting by the PEB.
ARMY | BCMR | CY2014 | 20140011585
IN THE CASE O BOARD DATE: 6 August 2014 DOCKET NUMBER: AR20140011585 THE BOARD CONSIDERED THE FOLLOWING 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 processing through the military disability system. The physical evaluation board (PEB) adjudicated the referred MH conditions as not unfitting and noted that adjustment disorder was not a compensable...
ARMY | BCMR | CY2014 | 20140014506
The applicant requests a review of the military disability evaluation pertaining to a mental health (MH)) condition. The SRP reviewed the records for evidence of inappropriate changes in a diagnosis of the MH condition during processing through the military Disability Evaluation System (DES). Therefore, the diagnosis of depression and anxiety due to general medical condition was the most appropriate diagnosis at the time of medical retirement.