IN THE CASE OF:
BOARD DATE: 15 October 2014
DOCKET NUMBER: AR20140015738
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 also states that she was receiving counseling and medication for Post-Traumatic Stress Disorder.
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 reviewed the records for evidence of inappropriate changes in the diagnosis of the MH condition during processing through the Integrated Disability Evaluation System (IDES). Diagnoses of PTSD and anxiety disorder were rendered during the IDES process. The diagnosis of PTSD was not forwarded by the Medical Evaluation Board.
3. The SRP determined that the applicant met the inclusion criteria in the Terms of Reference of the MH Diagnosis Review Project. The SRP agreed that Physical Evaluation Board (PEB) adjudication of not unfitting anxiety disorder not otherwise specified (NOS) was supported by the evidence. The SRP noted that the evidence in the treatment records did not support a PTSD diagnosis because there was no clear evidence that the diagnostic criteria were met.
4. The SRP therefore concluded that the preponderance of evidence indicated that anxiety disorder, NOS, as determined by the PEB, was not unfitting and that no mental disorder, regardless of the diagnosis, rose to the level of unfitting. After due deliberation, considering all of the evidence, the SRP concluded that there was insufficient cause to recommend a change in the PEB adjudication of the MH conditions at the time of medical retirement.
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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ABCMR Record of Proceedings (cont) AR20140015738
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