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Decision Text

ARMY | BCMR | CY2014 | 20140014421
Original file (20140014421.txt) Auto-classification: Denied

		

		BOARD DATE:	  17 September 2014

		DOCKET NUMBER:  AR20140014421 


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 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 reviewed the records for evidence of inappropriate changes in diagnosis of the applicant's MH condition during processing through the Disability Evaluation System (DES).  The available records show the diagnosis of Post-Traumatic Stress Disorder (PTSD) was first rendered by the Department of Veterans Affairs (VA) as part of the Integrated DES initiated in January 2012 and the Narrative Summary (NARSUM) examiner concurred with that diagnosis.  The anxiety disorder symptoms were subsumed within the PTSD diagnosis.  The applicant’s MH diagnosis was not changed to the applicant's possible disadvantage.  Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project. 

3.  The SRP considered whether the MH condition, regardless of specific diagnoses, was unfitting for continued military service.  The SRP unanimously agreed that the evidence reflected minimal symptoms and reasonably good duty performance in the period of time leading up to the Medical Evaluation Board.

4.  The SRP concluded that the applicant's symptoms of PTSD/anxiety disorder, although mildly troublesome, did not appear to significantly impact his social and occupational functioning; and thus his MH condition was found to be not unfitting.  

5.  After due deliberation and considering the entirety of the record, the SRP concluded that the PEB's determination that the MH condition was not unfitting at the time of separation and not subject to a disability rating was correct.

6.  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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ABCMR Record of Proceedings (cont)                                  AR20140014421



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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