IN THE CASE OF:
BOARD DATE: 4 June 2014
DOCKET NUMBER: AR20140007669
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 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 Department of Defense 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 retirement determination.
2. The SRP considered the appropriateness of changes in the applicant's MH 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 whether a disability rating recommendation in accordance with VASRD Section 4.130 was made.
3. The SRP noted the evidence of the available records showed a diagnosis of adjustment disorder was rendered by the narrative summary (NARSUM) psychiatrist examiner, but a diagnosis of Post-Traumatic Stress Disorder (PTSD) was made by the VA psychologist. However, the diagnosis of PTSD, which was a more serious condition, was adopted by the medical evaluation board (MEB) and PEB.
4. The SRP determined that no MH diagnoses were changed to the applicant's possible disadvantage in the disability evaluation process. Therefore, the applicant did not appear to meet the inclusion criteria in the Terms of Reference of the MH Review Project.
5. The SRP considered whether the applicant's MH condition was unfitting for continued military service. The SRP's charge with respect to the applicant's MH conditions referred for review that were determined to be not unfitting by the PEB was an assessment of the appropriateness of the PEB fitness adjudication. The SRP's threshold for countering PEB not-unfit determinations required a preponderance of evidence.
6. The SRP unanimously agreed that the preponderance of evidence of the applicant's record reflected minimal symptoms and good duty performance (as related to mental functioning) in the period of time leading into his MEB. At no time during the applicant's military service did he require a psychiatric hospitalization or emergency care. The applicant's MH condition was profiled S2 (although recommended S1 by psychiatry), was not implicated in the commander's statement, and was not judged to fail retention standards by any service provider or the MEB.
7. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded the applicant's MH condition was not unfitting at the time of his medical retirement and no MH diagnosis was subject to additional disability rating.
8. 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
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140007669
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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