BOARD DATE: 23 July 2014
DOCKET NUMBER: AR20140010715
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 retirement determination.
2. The SRP considered the appropriateness of changes in the applicant's 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 a disability rating recommendation in accordance with VASRD section 4.130.
3. The SRP reviewed the records for evidence of inappropriate changes or elimination of diagnosis of the applicant's MH condition during processing through the Integrated Disability Evaluation System (IDES), pilot program and found that the VA listed a diagnosis of anxiety disorder, not otherwise specified but the Medical Evaluation Board (MEB) psych narrative summary (NARSUM) listed a diagnosis of adjustment disorder with mixed anxiety and depressed mood and a diagnosis of adjustment disorder was forwarded by the MEB and adjudicated by the PEB. The SRP agreed that the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
4. The SRP also considered whether the applicant's MH condition diagnosed by the MEB psychiatry evaluation and the VA, regardless of specific diagnosis, was unfitting for continued military service. The SRP considered that no MH condition was profiled, implicated in the commanders statement, or judged to fail retention standards by the MEB NARSUM psychiatrist or the MEB. There was no indication from the record that any MH condition significantly interfered with the applicant's satisfactory duty performance.
5. 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 of the MH condition.
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) AR20140010715
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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