BOARD DATE: 15 October 2014
DOCKET NUMBER: AR20140015793
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 applicants 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 applicants case, the SRP determined by unanimous vote that there should be no change to the applicants disability and retirement determination.
2. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the Integrated Disability Evaluation System (IDES). The evidence of the available records showed the diagnosis of adjustment disorder with disturbance of emotions and conduct was the only diagnosis rendered during processing through the IDES. Therefore, no MH diagnosis was changed to the applicants possible disadvantage during that process. The applicant did not appear to meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP noted the diagnostic reconciliation with the Compensation and Pension (C&P) exam. That examiner noted the applicant had no Axis I diagnosis. The medical evaluation board (MEB) disagreed and continued the diagnosis of adjustment disorder. The SRP also considered whether any MH conditions were unfitting for continued military service, regardless of specific diagnosis. The adjustment disorder was not a physical disability and was not ratable in accordance with (IAW) Department of Defense Instruction (DoDI) 1332.38. The SRP agreed that evidence of the record reflected the minimal MH related symptoms. All of the mental status examinations (MSEs) in the record in evidence including the C&P exam were essentially normal. There was no evidence of acute symptom exacerbation with visits to the emergency room and no hospitalizations.
4. The SRP noted the applicant was offered psychotherapy and medications; however, he was noted to be non-compliant with both. The medication profile noted the last psychotropic medication prescribed for daily use was filled in April 2010. The commanders statement reflected concerns regarding his physical condition and did not implicate an MH issue. No MH condition was ever profiled.
5. 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.
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
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ABCMR Record of Proceedings (cont) AR20140015793
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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