IN THE CASE OF
BOARD DATE: 23 July 2014
DOCKET NUMBER: AR20140010671
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 separation determination.
2. The SRP noted the applicant had a long history of MH problems. While serving on active duty, she was treated for an adjustment disorder and for an anxiety disorder (not otherwise specified (NOS)). On 5 May 2011, the applicant underwent a Department of Veterans Affairs (VA) Compensation and Pension (C&P) MH Examination. Her mental status examination (MSE) indicated she was normal. Her Axis I assessment was "no psychiatric disorder" with an Axis V Global Assessment Functioning (GAF) score of 70. The examiner stated her symptoms were generally mild and did not interfere with her functioning.
3. The SRP also noted the applicant was later evaluated by a psychiatrist at Fort Hood on 29 July 2011 where she reported symptoms consistent with dysthymia, such as having more bad days than good. She characterized herself as a worrywart, complained of racing thoughts related to anxiety when she tried to go to sleep, reported a history of attention deficit hyperactivity disorder (ADHD) symptoms, and appeared to have compensated fairly well as an adult. The applicant's MSE indicated she was alert, oriented, and in no apparent distress; her speech was normal, affect was full, judgment was good, and insight was fair. There were three Axis I diagnoses: anxiety disorder (NOS), dysthymic disorder, and ADHD. The examiner addressed the variance between his diagnoses and the Axis I: "No psychiatric disorder" rendered by VA C&P exam (May 2011) 12 weeks earlier. The psychiatrist opined that the applicant was "experiencing an exacerbation" of symptoms due to stress that she perceived. The psychiatrist stated, "Symptoms were relatively mild overall and have not been demonstrated to have significantly affected her occupationally or her military service." Additionally stating, "the service member's psychiatric symptoms were not independently impairing for military service; accordingly, the service member continued to meet retention criteria with regards to these diagnoses in accordance with [Army Regulation] 40-501 [Standards of Medical Fitness]."
4. The SRP carefully considered all available evidence The applicant's MH diagnosis was changed during the Physical Disability Evaluation System (PDES) process, but none of the changes in diagnoses were to the applicant's possible disadvantage. Therefore, the SRP determined the applicant did not meet the inclusion criteria in the terms of reference of the MH review project. The SRP then considered the appropriateness of changes in the MH diagnoses and concluded the changes were appropriate.
5. The SRP noted the applicant experienced an increase in symptoms due to perceived stress. This explains why the MH diagnosis was changed. The SRP considered the appropriateness of the physical evaluation board (PEB) fitness determination. The applicant's psychiatric profile rating on the DA Form 3349 (Physical Profile) was "1." The commander's statement on the DA Form 7652 (PDES Commander's Performance and Functional Statement) made no mention of any mental disorder. The July 2011 examination performed at Fort Hood made it clear that the applicant's psychiatric symptoms were not independently impairing for military service and that she met retention criteria regarding her MH diagnoses.
6. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that it could not find sufficient cause to justify a change in the PEB adjudication of the applicant's MH conditions.
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
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140010671
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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