BOARD DATE: 9 July 2014
DOCKET NUMBER: AR20140009335
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 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 DOD 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 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; and if unfitting, whether the provisions of 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 that the diagnosis of Post-Traumatic Stress Disorder (PTSD) had been made by the VA at the beginning of the Disability Evaluation System process. The SRP noted that although it was not initially documented by the Medical Evaluation Board (MEB) and forwarded to the PEB this appeared to have been at the request of the applicant as described in his letter to the Physical Disability Board Review (PDBR) accompanying his DD Form 149. The PEB adjudicated PTSD as not unfitting. Therefore, the applicant did not meet the inclusion criteria of the Terms of Reference of the MH Review Project.
4. The SRP then turned to a discussion of fitness of the applicant's MH condition. There was no evidence suggesting an impact of that disorder on the applicant's military functioning. The SRP observed that up until the time of the PEB, the applicant had been issued only S1 profiles and even when the PTSD diagnosis was added to the list of medically-acceptable conditions forwarded by the MEB the profile was changed only to S2. Additionally, the Officer Evaluation Reports indicated excellent performance and the commander's statement did not mention any impairment due to MH symptoms.
5. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that no MH diagnosis rose to the level of being considered unfitting at the time of permanent retirement and the evidence did not support any change in the PEB's fitness determination.
6. 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) AR20140009335
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