IN THE CASE OF:
BOARD DATE: 14 April 2015
DOCKET NUMBER: AR20150003752
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 be no change of the applicants disability and separation determination.
2. The SRP reviewed the records for evidence of inappropriate changes in
diagnosis of any MH condition during processing through the Disability Evaluation System (DES), pilot system. The evidence of the available records show the diagnosis of Post-Traumatic Stress Disorder (PTSD) was rendered during the DES, pilot. The Department of Veterans Affairs (VA) Compensation and Pension (VA C&P) examiner diagnosed PTSD. The record in evidence recorded the absence of the MH evaluation and the absence of a MH diagnosis prior to the C&P evaluation. The diagnostic variance disagreed with the VAs assessment of PTSD and opined there was no MH diagnosis. The SRP determined that a MH diagnosis was eliminated to the applicants possible
disadvantage in the disability evaluation. Therefore, the applicant did appear to meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP acknowledged the VA C&P examiners diagnosis of PTSD; however, it also determined based on the evidence presented in that evaluation there was insufficient evidence that the applicant fully met the Diagnostic and Statistical Manual for Mental Disorders, Fourth Edition (DSM-IV), diagnostic criteria for PTSD. Specifically, there was insufficient evidence that Criterion F (the disturbance causes clinically significant distress or impairment in social, occupation, or other important areas of functioning) and C were met. The C&P examiner cited the absence of social and occupational impairment.
4. The SRP concluded there was insufficient evidence to support the PTSD diagnosis and there was no evidence in the treatment record that the applicant suffered from any Axis I pathology. The applicant was not prescribed any psychotropic medication and was not evaluated by a MH professional prior to the medical evaluation board process. The 2009 Non-Commissioned Officer Evaluation Report noted he was among the best. The commander statement in April 2011 noted he interacted well with others, performed tasks/ duties to standards. No MH condition was ever profiled.
5. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was no unfitting MH condition at any time prior to separation and none were subject to compensation.
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) AR20150003752
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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