IN THE CASE OF:
BOARD DATE: 30 July 2014
DOCKET NUMBER: AR20140010921
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 applicants disability and retirement 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 processing through the Disability Evaluation System (DES) and found none. The SRP noted that the medical evaluation board (MEB) DD Form 2808 (Report of Medical Examination) contained a question of a diagnosis of Post-Traumatic Stress Disorder (PTSD) which was conveyed to the examiner by the applicant.
4. The SRP noted that the applicant was injured during basic training while doing push-ups in physical training. There was no evidence in the service treatment records (STR) of a diagnosis of PTSD. The SRP agreed that this did not qualify as an inappropriate change or elimination of a MH diagnosis during the DES process. The SRP agreed the applicant did not appear to meet the inclusion criteria in the Terms of Reference of the MH Review Project.
5. The SRP later considered whether the evidence in the records available supported that any MH condition, regardless of specific diagnosis, was not unfitting for continued military service. The SRP noted that although documented prescription use indicated that the applicant was treated for MH symptoms by civilian physicians during active duty, there were no MH records in the service treatment records, other than listings of psychotropic medications as noted above.
6. The SRP considered that no MH condition was profiled or implicated in the commanders statement or judged to fail retention standards by the MEB narrative summary (NARSUM) psychiatrist or the MEB. There was no evidence in the record that any MH condition significantly interfered with the applicant's 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 evaluation in the DES or prior to separation and that VASRD Section 4.130 and VASRD Section 4.129 did not apply.
7. 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 changed to disability ratings was recommended.
8. 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
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ABCMR Record of Proceedings (cont) AR20140010921
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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