BOARD DATE: 6 August 2014
DOCKET NUMBER: AR20140011599
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 MH 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 separation 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, a disability rating recommendation in accordance with the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.130.
3. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the military DES. The evidence of the available records shows that diagnoses of adjustment disorder and alcohol abuse were rendered. The SRP therefore determined that the MH diagnosis was not changed to the applicants possible disadvantage in the disability evaluation. Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project
4. The SRP considered whether any mental condition, regardless of diagnosis, was unfitting for continued military service. The SRPs charge with respect to the MH conditions referred for review that were determined to be not unfitting by the PEB was an assessment of the appropriateness of the PEBs fitness adjudication. The SRPs threshold for countering PEB not unfit determinations required a preponderance of evidence. In this case, the PEB adjudicated the adjustment disorder and alcohol dependence as conditions not constituting a physical disability in accordance with DOD Instruction (DoDI) 1332.38. However, even conceding the issue of whether the conditions constituted a physical disability or whether PTSD was present, the SRP agreed that the preponderance of evidence of the record reflected non-limiting MH symptoms in the period of time leading into the medical evaluation board (MEB).
5. The SRP noted an MH condition was temporarily profiled in 2009, but the subsequent permanent profile was S1. There was no indication from the record that the MH condition significantly interfered with the applicant's satisfactory duty performance. No MH condition was implicated in the commanders statement, or judged to fail retention standards.
6. After due deliberation in consideration of the preponderance of the evidence, the SRP agreed that the evidence of the record reflected minimal occupational and social impairment (as related to mental functioning), and concluded the mental condition was not unfitting at the time of separation and not subject to disability rating.
7. 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) AR20140011599
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