IN THE CASE OF:
BOARD DATE: 23 July 2014
DOCKET NUMBER: AR20140010504
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
diagnosis of the MH condition during processing through the Disability Evaluation System (DES). The available records show that the diagnosis of adjustment disorder with depressed mood was the only diagnosis rendered during processing through the DES and, therefore, no MH diagnosis was changed to the applicants possible disadvantage. The SRP determined the criteria for the Terms of Reference for the MH Review Project were not met. The SRP also considered whether the MH condition, regardless of specific diagnosis, was unfitting for continued military service.
3. The SRP noted the medical evaluation board (MEB) and physical evaluation board (PEB) recorded the diagnosis of adjustment disorder with depressed mood as meeting retention standards. The adjustment disorder was not a physical disability and was not ratable in accordance with (IAW) Department of Defense Instruction (DoDI) 1332.38. Additionally, the SRP considered Post-Traumatic Stress Disorder (PTSD) as the applicant listed the condition on the DD Form 149 submission. The SRP agreed that evidence of the record reflected minimal MH related symptoms. There was no evidence of emergency room visits, hospitalizations, intensive outpatient treatment, or a diagnosis of PTSD. The commanders statement did not implicate an MH concern nor was any such condition profiled. No highly-stressful event was identified resulting in service separation and therefore the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129 was not applicable.
4. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient evidence that any MH condition rose to the level of being found unfit at the time of separation and 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) AR20140010504
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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