IN THE CASE OF:
BOARD DATE: 10 September 2014
DOCKET NUMBER: AR20140013485
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 SRP considered the appropriateness of changes in the MH diagnoses; the physical evaluation board (PEB) fitness determination; 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 noted that the narrative summary (NARSUM)/medical evaluation board (MEB) Physical Exam Form (DA Form 2808) contained the diagnosis of Post-Traumatic Stress Disorder (PTSD), questionably incorporated under the diagnosis of mood disorder. The diagnosis of PTSD was not contained in the remainder of the Disability Evaluation System (DES) documents. The SRP
determined that a MH diagnosis was not changed in the disability evaluation process. Therefore, did appear to meet the inclusion criteria in the Terms of Reference of the MH Review Project.
4. The SRP noted the diagnosis of PTSD in the service treatment records
but was unable to find any antecedent MH evaluation with Diagnostic and Statistical Manual for Mental Disorders, Fourth Edition, Text Revision (DSM IV-TR) analysis in support of this. The SRP unanimously agreed that the preponderance of the evidence in the record did not support the DSM IV-TR criteria for the diagnosis of PTSD during the DES process or before separation including Criteria B (re-experiencing the event); Criteria C (persistent avoidance);
Criteria D (hyper-arousal) and Criteria F (significant stress and social impairment).
5. The SRP next considered whether the evidence in the records available supported that any MH condition, regardless of specific diagnosis, was unfitting for continued military service. The SRP noted that no MH condition was permanently profiled or implicated in the commanders statement, or
judged to fail retention standards by the MEB. There was no evidence of hospitalizations or emergent treatment for any MH condition. There was no evidence in the record that any MH condition significantly interfered with 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 Section 4.129 did not apply.
6. 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 disability ratings was recommended.
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
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140013485
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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