IN THE CASE OF
BOARD DATE: 22 May 2014
DOCKET NUMBER: AR20140006671
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 applicants submissions and records for evidence of inappropriate changes in the diagnosis of a 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 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 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 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 the diagnoses of depression, cognitive disorder not otherwise stated, mood disorder secondary to Traumatic Brain Injury and Post-Traumatic Stress Disorder (PTSD) were rendered during processing through the DES. The applicants diagnosis was not changed or eliminated during processing through the Integrated DES. Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Health Diagnosis Review Project.
3. The SRP agreed that the Physical Evaluation Board (PEB) adjudication of unfitting mood disorder was supported by the evidence. However, the SRP noted that evidence of the record reflected minimal PTSD related symptoms and treatment. The preponderance of treatment records recorded a primary focus on depressive symptoms. The SRP concluded that the preponderance of evidence did not support an unfit determination for PTSD.
4. The SRP next considered if there was evidence for a rating higher than 10 percent at time of medical retirement. The SRP members agreed, at the time of medical retirement, the applicant displayed many symptoms associated with the higher rating; however, none of the reported symptoms were implicated in the commanders statement as impairing the applicant's ability to perform the duties of his Military Occupational Specialty. The SRP considered the record in evidence best supported the 10 percent rating and there was insufficient reasonable doubt for recommending a higher rating.
5. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient cause to recommend a change in the PEB adjudication for the applicant's MH conditions at the time of medical retirement.
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) AR20140006671
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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