BOARD DATE: 18 June 2014
DOCKET NUMBER: AR20140008196
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 mental health diagnosis was changed during that process.
3. The applicant submitted an application through the 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 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 physical evaluation board (PEB) fit for duty determination.
2. The SRP reviewed the records for evidence of changes in diagnosis of the MH condition during processing through the military Disability Evaluation System (DES). The evidence of the available records shows the applicant was evaluated for Post-Traumatic Stress Disorder (PTSD) symptoms, but a diagnosis of PTSD was not rendered during the DES process. Therefore, at the time of processing through the DES, no MH diagnoses were changed to the applicant's possible disadvantage during that process. Therefore, the applicant did not appear to meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP considered whether any MH condition, regardless of specific diagnosis, was unfitting for continued military service. The SRP agreed that the evidence of the record reflected minimal MH-related symptoms and talk therapy. There was no evidence of psychotropic medication prescription or use prior to separation. The commander's statement, 3 months prior to separation, noted that the applicant's profiled medical condition prevented him from performing the duties of his military occupational specialty. No MH conditions were profiled. There was no emergency room or unscheduled cIinic visits or psychiatric hospitalizations for any MH condition.
4. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that the preponderance of evidence did not support an unfit determination for any MH disorder at the time of evaluation in the DES or prior to separation and therefore, none were subject to disability rating.
5. 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) AR20140008196
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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