IN THE CASE OF:
BOARD DATE: 12 May 2015
DOCKET NUMBER: AR20150005653
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 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 mental health 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 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 Disability Evaluation System (DES). The evidence of the available records showed diagnosis of Post-traumatic stress disorder (PTSD) was the only diagnosis rendered during the DES process. The SRP agreed there were no inappropriate changes in diagnosis, and therefore, determined that the MH diagnosis was not changed to the applicants possible disadvantage in the disability evaluation. Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP noted the narrative summary indicated he was not able to perform the duties of his Military Occupational Specialty (MOS) because of his back pain, with no mention of impairment because of mental issues. He was never profiled for a mental issue. There were no psychiatric emergency visits, no active suicidal or homicidal thoughts or any psychiatric hospitalizations. There were no legal issues outside of the divorce and no reports of domestic violence. The commanders statement referenced only applicants physical condition as impacting his ability to perform the duties of his MOS and never referenced the negative influence of a mental condition on his performance.
4. The SRP agreed that the PTSD was not unfitting at the time of entry into the Temporary Disability Retired List (TDRL). The SRP agreed that the PTSD condition was unfitting at the time of TDRL exit and that Chapter 61 of 10 United States Code (U.S.C.) (Department of Defense Instruction (DODI) 1332.38, E3.P6.2.4.3) was appropriately applied because the PTSD condition was not unfitting at the time of TDRL placement and was not caused by, related to, or directly related to treatments associated with the unfitting non-MH conditions for which the applicant was placed on TDRL.
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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ABCMR Record of Proceedings (cont) AR20150005653
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