IN THE CASE OF:
BOARD DATE: 12 May 2015
DOCKET NUMBER: AR20150005649
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 the applicant's MH condition during processing through the military Disability Evaluation System (DES). The evidence of the available records showed a diagnosis of social anxiety was rendered during the DES process (DD Form 2808). The social anxiety diagnosis was not forwarded by the medical evaluation board (MEB) or adjudicated by the physical evaluation board (PEB); therefore the SRP determined that this applicant did appear to meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP considered whether the mental condition, regardless of diagnosis, was unfitting for continued military service. The SRPs threshold for recommending a not-unfit determination requires a preponderance of evidence. The SRP agreed that evidence of the record reflected no occupational impairment on the basis of MH related symptoms. The commanders statement did not implicate a MH condition as a cause of duty impairment. At no time during the applicants military service did he require a psychiatric hospitalization or emergency care. No MH condition was permanently profiled or was judged to fail retention standards. There was no indication from the record that the applicant's MH condition significantly interfered with his satisfactory duty performance. The SRP therefore concluded that there was insufficient evidence that any MH condition rose to the level of being unfitting at the time of the applicant's separation.
4. 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 any mental health condition; and no disability ratings were 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
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20150005649
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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