IN THE CASE OF:
BOARD DATE: 11 June 2014
DOCKET NUMBER: AR20140007522
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 to the applicant's disability and separation determination.
2. The SRP considered the appropriateness of changes in the MH diagnoses; physical evaluation board (PEB) fitness determination; and if unfitting, a disability rating recommendation in accordance with the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD), section 4.130.
3. The SRP noted the separation examination profile, which was considered part of the Disability Evaluation System (DES) process, listed a diagnosis of post-traumatic stress disorder (PTSD), but the psychiatric memorandum to the medical evaluation board (MEB) and the PEB concurred with a diagnosis of depressive disorder. The SRP concluded the applicant's MH diagnosis was changed in the disability evaluation process and therefore met the inclusion criteria in the MH review project terms of reference.
4. The SRP considered that the Service psychiatrist who assigned the diagnosis of depressive disorder had followed the applicant closely for approximately 3 years prior to the MEB. All clinical entries consistently rendered a diagnosis of depressive disorder. The SRP agreed that the preponderance of evidence favors major depressive disorder as the correct Axis I diagnosis at the time of separation.
5. The SRP also considered whether any mental condition, regardless of specific diagnosis, was unfitting for continued military service. The SRP's threshold for recommending a not-unfit determination required a preponderance of evidence. The SRP agreed that evidence of the record reflected minimal occupational impairment on the basis of the MH-related symptoms.
6. The SRP noted the commander's statement indicated that impaired job performance derived only from his physical conditions. The psychiatrist's conclusion that psychiatric retention standards were met supported the recommended physical profile rating of "1" in the applicant's psychiatric evaluation factor. There was no indication from the record that the MH condition significantly interfered with the applicant's satisfactory duty performance. The applicant never had any loss of duty time due to his MH condition, and there were no recorded emergency room visits or psychiatric hospitalizations. The evaluation reports indicated he was performing well in his last job as an operations noncommissioned officer. The SRP therefore concluded that there was insufficient evidence that any MH condition rose to the level of being unfitting at the time of the applicant's separation.
7. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded there was insufficient cause to recommend a change in the PEB fitness determination for the applicant's MH condition and no disability rating was recommended.
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
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140007522
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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