IN THE CASE OF:
BOARD DATE: 23 July 2014
DOCKET NUMBER: AR20140010722
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 reviewed the records for evidence of inappropriate changes in diagnosis of the applicant's MH condition during processing through the military Disability Evaluation System (DES). The evidence of the available records shows the diagnosis of partner relational problem as the only diagnosis rendered by an MH professional during DES processing; however, the diagnosis of anxiety disorder, not otherwise specified (NOS) was also rendered.
3. The SRP noted that the non-MH professional recorded a diagnosis of anxiety disorder, NOS but failed to demonstrate Diagnostic and Statistical Manual of Mental Disorders-IV (DSM-IV) criteria were met. The applicants records show no anxiety or psychological symptoms were recorded. The psychologist opined the condition was mild and not unfitting for military service. The psychiatric addendum found no evidence that the applicant met the DSM-IV diagnostic criteria for any Axis I diagnosis.
4. The SRP agreed the preponderance of evidence at the time of separation did not support an anxiety disorder diagnosis. The SRP concluded the diagnosis of partner relational problem was the appropriate diagnosis at the time of separation; however, anxiety disorder, NOS was eliminated during processing through the DES. Therefore, the applicant met the inclusion criteria in the Terms of Reference of the MH Review Project.
5. The SRP also considered whether the MH conditions were unfitting for continued military service, regardless of specific diagnosis, and without regard to the presumption of fitness rule. The SRP agreed that evidence of the record reflected minimal MH-related symptoms. The commander's statement did not implicate an MH issue and noted no MH condition was ever profiled. No MH condition was recorded during any of the VA Compensation and Pension (C&P), examinations, and no VA C&P mental evaluation was ever performed.
6. The SRP therefore concluded that there was insufficient evidence that any MH condition rose to the level of being unfitting at the time of separation and therefore none were subject to service disability rating.
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) AR20140010722
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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