BOARD DATE: 30 July 2014
DOCKET NUMBER: AR20140011254
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 noted no change in diagnosis in this case and thus concluded that the applicant did not appear to meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP considered the appropriateness of changes in 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 whether a disability rating recommendation in accordance with VASRD section 4.130 was made.
4. The SRP after review of the record unanimously agreed with the PEB and the VA that the correct MH diagnosis was anxiety not otherwise specified, and that the Diagnostic and Statistical Manual for Mental Disorders IV (DSM-IV) criteria for PTSD were not met. The SRP noted the VA recommended a rating of 30 percent for the anxiety condition in accordance with VASRD section 4.130, but the PEB concluded that no MH condition was unfitting and therefore was not ratable.
5. The SRP next determined whether any MH condition was unfitting. The SRP considered that no MH condition was specifically profiled and no MH condition was judged to fail retention standards. There was no indication from the record that any MH condition significantly interfered with satisfactory duty performance. The SRP concluded the preponderance of evidence did not support an unfit determination for any MH disorder at the time of evaluation in the Disability Evaluation System or prior to separation, so no rating can be recommended.
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) AR20140011254
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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