BOARD DATE: 2 July 2014
DOCKET NUMBER: AR20140009102
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 retirement determination.
2. The SRP considered the appropriateness of changes in the MH diagnoses; physical evaluation board (PEB) fitness determination; if unfitting, whether the provisions of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD), section 4.129, were applicable; and a disability rating recommendation in accordance with VASRD, section 4.130.
3. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the military Disability Evaluation System (DES). Due to the fact that the separation physical examination listed a diagnosis of major depressive disorder, but the psychiatric addendum, narrative summary, medical evaluation board (MEB), and PEB did not list any MH diagnosis, the SRP concluded the MH diagnosis was eliminated in the disability evaluation process. Therefore, the applicant met the inclusion criteria in the terms of reference of the MH diagnosis review project.
4. The SRP noted that prior to entry in the DES, the applicant was briefly treated for depression, post-traumatic stress disorder or anxiety disorder. The SRP therefore agreed with the psychiatric addendum's conclusion that an Axis I diagnosis was not supportable at the time of the MEB and PEB.
5. The SRP next considered whether any mental symptoms, regardless of the presence of a diagnosis, were unfitting for continued military service. All SRP members agreed that the preponderance of the evidence of record reflected non-limiting symptoms in the period of time leading into the MEB. Additionally, at no time during the applicant's military service did he require a psychiatric hospitalization or emergency care, no MH condition was profiled, nor did the applicant fail to meet retention standards by the MEB psychiatrist or the MEB. Lastly, there was no indication that an MH problem limited his ability to perform his job.
6. After due deliberation in consideration of the evidence in the record, the SRP concluded that there was insufficient cause to recommend the addition of an MH condition as unfit for rating at the time of the applicant's retirement from active duty.
7. 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
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ABCMR Record of Proceedings (cont) AR20140009102
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