IN THE CASE OF:
BOARD DATE: 17 September 2014
DOCKET NUMBER: AR20140014411
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 states that the Medical Evaluation Board (MEB) failed to make a diagnosis regarding his Traumatic Brain Injury (TBI). Additionally, the MEB failed to include his Post-Traumatic Stress Disorder (PTSD) in the rating.
4. 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 applicant's submissions and records for evidence of inappropriate changes in the diagnosis of an 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, 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 applicant's case, the SRP determined by unanimous vote that there should be no change to the applicant's disability and retirement determination.
2. The SRP determined that the applicant was correctly and consistently diagnosed with PTSD upon entering the Disability Evaluation System process. The MEB forwarded PTSD as medically acceptable and the Physical Evaluation Board (PEB) adjudicated it as not unfitting. The SRP agreed that this applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP's charge with respect to the MH conditions referred for review that were determined to be not unfitting by the PEB is an assessment of the appropriateness of the PEB's fitness adjudication. The well-established principle for fitness determinations is performance-based and the SRP's threshold for countering PEB not-unfit determinations requires a preponderance of evidence. The applicant was thoroughly evaluated and was found not to have a significant TBI.
4. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient cause to overturn the PEB's not unfitting adjudication for the PTSD condition and therefore it could not be recommended for additional disability rating.
5. The available evidence shows the SRP's 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 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) AR20140014411
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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