IN THE CASE OF:
BOARD DATE: 3 February 2015
DOCKET NUMBER: AR20150001429
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 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 applicants submissions and records for evidence of inappropriate changes in the diagnosis of a MH 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 MH 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 of the applicants disability and permanent disability retirement determination.
2. The SRP noted the applicants case was referred for review regarding whether there was a change in the applicant's MH diagnosis during the military disability evaluation process. There was a typographical error in the medical evaluation board (MEB) and physical evaluation board (PEB) MH diagnosis; however, there was no change of the actual MH diagnosis during the MEB and PEB process. The SRP determined that no MH diagnoses were changed to the applicants possible disadvantage in the disability evaluation. Therefore, the applicant did not appear to meet the inclusion criteria in the Terms of Reference of the Mental Health Diagnosis Review Project.
3. The SRP noted the MH condition was determined to be not unfitting by the PEB. The SRPs charge with respect to MH conditions referred for review that were determined to be not unfitting by the PEB was an assessment of the appropriateness of the PEBs fitness adjudication. The SRPs threshold for countering PEB not unfit determinations required a preponderance of evidence. The MH condition was not profiled or implicated in the commanders statement and was not judged to fail retention standards by the MEB narrative summary psychiatrist or the MEB. The MH condition was reviewed and considered by the SRP. There was no indication from the record that the mental health condition significantly interfered with satisfactory duty performance.
4. 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 fitness determination for the MH condition and no disability ratings was recommended.
5. 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) AR20150001429
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