BOARD DATE: 24 September 2014
DOCKET NUMBER: AR20140014483
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 to the applicants Temporary Disability Retired List (TDRL) entry disability determination
2. The SRP reviewed the records for evidence of inappropriate changes in a diagnosis of the applicant's MH condition during processing through the military Disability Evaluation System (DES). The evidence of the available records shows a diagnosis of adjustment disorder was rendered by providers in the military DES and no change to that diagnosis was made at any time. There was one entry with the diagnosis of anxiety disorder along with adjustment disorder by the same provider. The SRP concluded that no MH diagnoses were changed to the applicant's possible disadvantage during the disability evaluation process. Therefore, the applicants case did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP noted that the physical evaluation board (PEB) adjudicated that the adjustment disorder was a condition not constituting a physical disability (Department of Defense Instruction (DoDI) 1332.38, encl. 5.1.3.9.7) and therefore was not rated. The SRP reviewed the evidence and determined that adjustment disorder was the correct diagnosis, which was also applied by the Department of Veterans Affairs (VA).
4. The SRP also reviewed the file for fitness related evidence due to an MH condition and to assess the appropriateness of the PEBs fitness adjudication. The SRPs threshold for countering PEB not-unfit determinations required a preponderance of evidence. The applicant's MH condition was not profiled proximate to separation or implicated in the commanders statement and was judged as meeting retention standards on the medical evaluation board (MEB) narrative summary (NARSUM) and by the MEB. There was no indication from the record that the applicant's MH condition significantly interfered with his satisfactory duty performance.
5. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient cause to recommend a change in the PEBs diagnosis or fitness determination for the MH condition and no disability rating was recommended.
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
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140014483
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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