IN THE CASE OF:
BOARD DATE: 6 August 2014
DOCKET NUMBER: AR20140011592
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 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 DOD 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 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 MH diagnoses, the physical evaluation board (PEB) fitness determination; and if unfitting, a disability rating recommendation in accordance with the Department of Veterans Affairs (VA) Schedule for Rating Disabilities (VASRD) Section 4.130. Because the separation examination specified a diagnosis of chronic major depression, but the medical evaluation board (MEB) and the PEB did not list any MH diagnosis, the SRP concluded the applicant met the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP next considered whether any mental condition was unfitting for continued military service. The SRPs threshold for recommending a not-unfit determination requires a preponderance of evidence. The SRP agreed that evidence of the record reflected minimal occupational impairment on the basis of mental health related symptoms. The service treatment records (STR) and the VA exam described symptoms that were relatively well controlled with medication and the commanders statement did not implicate a MH condition as a cause of duty impairment. At no time during the applicants military service did she require a psychiatric hospitalization or emergency care. No MH condition was profiled or was judged to fail retention standards by the MEB. There was no indication from the record that the mental health condition significantly interfered with satisfactory duty performance. 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.
4. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient cause to recommend a determination of unfit for any MH condition and no disability ratings was recommended.
5. 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) AR20140011592
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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