IN THE CASE OF:
BOARD DATE: 23 July 2014
DOCKET NUMBER: AR20140010675
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 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 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 considered the appropriateness of changes in the applicant's MH diagnoses; the physical evaluation board (PEB) fitness determination; and if unfitting, whether the provisions of the 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 reviewed the records for evidence of inappropriate changes or elimination of a diagnosis of an MH condition during the applicant's processing through the Disability Evaluation System (DES) and found none. The SRP found no evidence in the applicant's treatment record of a diagnosis of, or any Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition (DSM-IV) criteria for, Post-Traumatic Stress Disorder (PTSD) or of any other MH condition. The SRP agreed the applicant did not appear to meet the inclusion criteria in the Terms of Reference of the MH Review Project.
4. The SRP also considered whether the evidence in the records available supported that any MH condition, regardless of specific diagnosis, was
unfitting for the applicant 's continued military service. The SRP noted that there was no indication in the records that the applicant was diagnosed with any compensable MH condition during active duty. No MH condition was profiled or implicated in the commanders statement, or judged to fail retention standards by the narrative summary (NARSUM) or the medical evaluation board (MEB).
5. The SRP determined that there was no evidence of hospitalizations or emergent treatment for any MH condition. There was no evidence in the applicant's record that any MH condition significantly interfered with his satisfactory duty performance. The SRP concluded that the preponderance of evidence did not support an unfit determination for any MH disorder at the time of the applicant's evaluation in the DES or prior to his separation.
6. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient cause to recommend a change to the PEB adjudication and no disability ratings was recommended.
7. 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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ABCMR Record of Proceedings (cont) AR20140010675
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