IN THE CASE OF:
BOARD DATE: 10 September 2014
DOCKET NUMBER: AR20140013442
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 separation determination.
2. The Department of Veterans Affairs (VA) examiner, as part of the Joint Department of Defense (DOD)/VA Disability Evaluation System (DES) Pilot Program, diagnosed an adjustment disorder with depressed mood. The medical evaluation board (MEB) narrative summary (NARSUM) forwarded the same diagnosis and insomnia to the MEB. The MEB, in turn, forwarded these diagnoses to the physical evaluation board (PEB) for adjudication. The PEB adjudicated the applicant for the same diagnoses. The SRP determined that no change in the MH diagnosis was made and none were changed to the
applicant's possible disadvantage in the DES process. Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP next considered whether an unfitting MH condition existed at separation. The applicants reported insomnia was related to her neck pain on the MEB history and recorded no MH symptoms. Her profile remained S1 during her enlistment. The commander did not attribute any duty impairment to an MH condition. The adjustment disorder was referred to the MEB as meeting
retention standards and found to meet retention standards by the MEB. The PEB did not find an unfitting MH condition at separation.
4. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded the evidence did not support the presence of an unfitting MH condition at separation and no additional disability rating 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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ABCMR Record of Proceedings (cont) AR20140013442
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