BOARD DATE: 10 September 2014
DOCKET NUMBER: AR20140013812
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 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, 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 (IAW) VASRD Section 4.130 was made.
3. The SRP considered the appropriateness of the changes in the applicant's MH diagnoses and a disability rating recommendation IAW VASRD Section 4.130. The medical evaluation board (MEB) forwarded the MH diagnoses of insomnia to the PEB for adjudication. The PEB adjudicated the applicant for the same; however, the VA psychiatrist diagnosed Post-Traumatic Stress Disorder (PTSD). The SRP determined this was based on information which was not consistent with the remainder of the service treatment record. No change in diagnosis was recommended. However, it was clear that the MH diagnosis was changed to the applicant's possible disadvantage in the disability evaluation process. Therefore, the applicant did meet the inclusion criteria in the Terms of Reference of the MH Review Project.
4. The SRP also considered if an unfitting MH condition, regardless of diagnosis, existed at time of the applicant's separation. As noted, the history provided to the VA psychiatrist was not consistent with the service treatment record. The applicant was determined by the MEB psychiatrist and the MEB to meet retention standards. Other than a brief profile to allow for resetting his sleep pattern, no limitations in activity were recorded for the insomnia, later found to be a non-MH condition, or any MH condition in the records in evidence. His profile remained S1. The commander did not implicate a MH condition as impairing duty.
5. After due deliberation in consideration of the preponderance of evidence, the SRP concluded the evidence did not support finding the insomnia condition as unfitting or the addition of any MH condition as an additional unfitting condition. Therefore, consideration of VASRD Section 4.129 and VASRD Section 4.130 was rendered moot.
6. 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) AR20140013812
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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