BOARD DATE: 25 June 2014
DOCKET NUMBER: AR20140008922
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 disability and separation determination.
2. The SRP reviewed the records for evidence of inappropriate changes in or
elimination of a diagnosis of an MH condition during processing through the Disability Evaluation System (DES). The evidence of the available records shows that two MH diagnoses, adjustment disorder and anxiety disorder not otherwise specified (NOS), were noted on the medical evaluation board (MEB) form under a single numbered condition. The diagnostic variance memo to the physical evaluation board (PEB) concurred with the Department of Veterans Affairs (VA's) diagnosis of anxiety disorder as the applicant's diagnosis; yet, the PEB again combined the two MH diagnoses (as on the MEB proceedings document) and adjudicated both conditions as "not constituting a physical disability" to the applicant's possible disadvantage.
3. The SRP noted the MEB identified two MH conditions, adjustment disorder and anxiety disorder, as both meeting retention standards. The PEB adjudicated both MH conditions as "conditions not constituting a physical disability" and therefore the anxiety disorder condition was not considered for fitness. The SRP agreed the PEB should have adjudicated the applicant's fitness with respect to the anxiety disorder and applied a disability rating if found unfitting. Therefore, the applicants case appeared to meet the inclusion criteria in the Terms of Reference of the MH Review Project.
4. The SRP's first charge with respect to the anxiety disorder condition was an assessment of the fitness based on a preponderance of evidence. The applicant was never profiled for an MH condition. The Performance Reports completed immediately prior to entering the DES rated the applicant as either "fully capable" or "among the best." The commander's statement did not indicate any decreased duty performance due to an MH condition. There was no evidence present for review that suggested an MH condition was involved in cutting short the applicant's military career.
5. After due deliberation, in consideration of the preponderance of the evidence, the SRP 4000concluded that there was insufficient cause to recommend that the anxiety disorder was unfitting and no disability rating was recommended.
6. 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
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ABCMR Record of Proceedings (cont) AR20140008922
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