IN THE CASE OF:
BOARD DATE: 23 July 2014
DOCKET NUMBER: AR20140010514
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 disability and separation
determination.
2. The SRP reviewed the records for evidence of inappropriate changes in
A diagnosis of an MH condition during processing through the Disability Evaluation System (DES). The applicant had a diagnosis of Post-Traumatic Stress Disorder (PTSD) rendered 13 years prior to separation and another with the same diagnosis 4 months post separation (by the Department of Veterans Affairs (VA)). The medical evaluation board (MEB) examiner listed a prior history of PTSD and depression with anxiety as stable. The evidence of the available records shows that adjustment disorder with anxiety was the sole MH diagnosis forwarded during processing through DES. Therefore, at the time of processing through the disability evaluation system, MH diagnoses were not changed to the applicants possible disadvantage. 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 mental condition, regardless of specific diagnosis, was unfitting for continued military service. Adjustment disorder with anxiety was not a physical disability and was not ratable in accordance with (IAW) Department of Defense Instruction (DoDI) 1332.38, which was in effect. The SRP agreed that evidence of the record reflected minimal MH-related symptoms. There was no evidence from the medication profile of psychotropic medication use prior to separation. Although an S-2 profile was issued for anxiety disorder (diagnosed as adjustment disorder with anxiety), the commanders statement did not implicate an MH condition as impacting duty performance. The applicant was not hospitalized psychiatrically after 1991, there were no further reports of suicidal or homicidal thoughts, she was never seen in the emergency room for mental health concerns, and there were no reported issues of domestic abuse or marital conflict.
4. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded there was insufficient evidence any mental health condition rose to the level of being unfitting at the time of separation and none were subject to service 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) AR20140010514
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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