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ARMY | BCMR | CY2014 | 20140014511
Original file (20140014511.txt) Auto-classification: Denied

		IN THE CASE OF:	

		BOARD DATE:	  24 September 2014

		DOCKET NUMBER:  AR20140014511 


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 mental health diagnosis was changed during that process.

3.  The applicant submitted an application through the DOD Physical Disability Board of Review (PDBR) Mental Health 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 a mental health 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 applicant’s case, the SRP determined by unanimous vote that there should be no change of the applicant’s disability and retirement determination.  

2.  The SRP reviewed the records for evidence of inappropriate changes in a
diagnosis of the MH condition during processing through the military Disability Evaluation System (DES).  The evidence of the available records showed the diagnosis of Post-Traumatic Stress Disorder (PTSD) was rendered during processing through the DES.  Therefore, the SRP determined that no MH diagnosis was changed to the applicant’s possible disadvantage during that process.  Therefore, the applicant did not appear to 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 diagnosis, was unfitting for continued military service.  The SRP agreed that evidence of the record reflected minimal MH-related symptoms as the applicant had minimal contact with MH.  She was prescribed antidepressant medication for sleep and anxiety symptoms and had talk therapy.  She reported clinical improvement with treatment.  Mental status examinations were all essentially normal.  She was never hospitalized for MH concerns, never presented to the emergency room for MH issues, never reported suicidal or homicidal thoughts, and had no history of panic attacks and no legal issues.  Although she had reported marital problems, she remained married.  The commander’s statement did not implicate an MH issue in regards to occupational functioning and, although the MH condition was profiled, there was no evidence of occupational impairment related to the MH. 

4.  After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient evidence that any MH condition rose to the level of being unfitting at the time of separation and none were subject to 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 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)                                  AR20140014511



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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