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ARMY | BCMR | CY2015 | 20150003891
Original file (20150003891.txt) Auto-classification: Denied

		IN THE CASE OF:	   

		BOARD DATE:	  14 April 2015

		DOCKET NUMBER:  AR20150003891 


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 separation determination.

2.  The SRP reviewed the records for evidence of changes in diagnosis of the applicant's MH condition during processing through the Disability Evaluation System (DES).  The evidence of the available records shows diagnoses of adjustment disorder with anxiety and depressed mood and chronic adjustment disorder related to ongoing occupational stress were rendered during the Integrated DES processing.  The diagnostic variance supported the diagnosis of adjustment disorder with anxiety and depressed mood.  The SRP agreed there were no changes in diagnoses.  Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project. 

3.  The SRP members agreed the diagnosis of adjustment disorder with anxiety and depressed mood was the correct diagnosis since the applicant presented primarily with symptoms of anxiety and reported a depressed mood.  The SRP also considered whether any MH conditions were unfitting for continued military service, regardless of specific diagnosis.  The adjustment disorder is not a physical disability and is not ratable.

4.  The applicant related his anxiety symptoms began during his first deployment in 2006; his back pain also began in 2006.  He re-deployed in 2007 and did not seek MH treatment until 2009, at which time he reported significant marital conflict and back pain issues.  The SRP agreed that evidence of the record reflected minimal - MH related symptoms.

5.  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 therefore none were subject to disability rating. 

6.  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 Physical Evaluation Board adjudication for the applicant’s MH conditions.

7.  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)                                  AR20150003891



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