IN THE CASE OF:
BOARD DATE: 8 October 2014
DOCKET NUMBER: AR20140015399
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 military Integrated Disability Evaluation System (IDES). The evidence of the available records shows the diagnosis of polysubstance abuse as the only diagnosis rendered during processing through the DES.
3. The SRP agreed there were no inappropriate changes in diagnosis and, therefore, determined that the MH diagnoses were not changed in the disability evaluation. Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
4. The SRP agreed that the Physical Evaluation Board (PEB) adjudication of not compensable polysubstance abuse was supported by the evidence. Although there was a history of polysubstance use, the applicant's last reported use and positive urine test were documented in 2008. The SRP also considered that substance abuse or dependence in and of itself, whether existed prior to service or not, does not fall below regulatory retention standards of Army Regulation 40-501 (Standards of Medical Fitness).
5. The SRP noted that there were no psychiatric emergency visits, no active suicidal or homicidal thoughts, no legal issues, no reports of domestic violence, nor any psychiatric hospitalizations for a 24-month period prior to separation. The commanders statement did not implicate an MH condition. The SRP concluded that no mental disorder, regardless of the diagnosis, rose to the level of unfitting.
6. 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 PEB adjudication for the applicants MH condition at separation.
7. 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
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ABCMR Record of Proceedings (cont) AR20140015399
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