BOARD DATE: 10 September 2014
DOCKET NUMBER: AR20140013803
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 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 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 retirement 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, 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 reviewed the records for evidence of inappropriate changes in diagnosis of the applicant's MH condition during processing through the Integrated Disability Evaluation System (DES). The evidence of the available record shows that diagnoses of alcohol dependence in remission and anxiety disorder 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 the applicant's MH condition 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.
5. The SRP agreed that the preponderance of evidence of the record reflected minimal symptoms and good duty performance (as related to mental functioning) in the period of time leading into the medical evaluation board (MEB). At no time during the applicants military service did he require a psychiatric hospitalization or emergency care. The applicant's anxiety disorder condition was not profiled or implicated in the commanders statement, and was not judged to fail retention standards by any provider or the MEB.
6. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded the MH condition was not unfitting at the time of medical retirement and no MH diagnosis was subject to additional 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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ABCMR Record of Proceedings (cont) AR20140013803
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