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Decision Text

ARMY | BCMR | CY2015 | 20150001280
Original file (20150001280.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  3 February 2015

		DOCKET NUMBER:  AR20150001280 


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 Disability Evaluation System and determined the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project as no MH diagnosis was referred to the Medical Evaluation Board (MEB) or Physical Evaluation Board for adjudication. 

3.  The SRP adjudged this to constitute a de facto determination by medical providers that no MH condition failed to meet retention standards or was unfitting for continued military service.  The SRP’s first charge with respect to these conditions is an assessment of the applicant’s MH fitness based on a preponderance of evidence.  The SRP noted the applicant had some treatment for depression and anxiety intermittently; however, the applicant was able to work and there was no evidence of suicidal or homicidal intent and the applicant did not require psychiatric hospitalizations. 

4.  The SRP also noted both the MEB and Department of Veterans Affairs Compensation and Pension examiners documented that the applicant did not require any MH treatment at the time of either exam.  

5.  After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient cause to recommend a determination of unfit for a MH condition and, therefore, no additional disability rating can be recommended. 

6.  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)                                  AR20150001280



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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