IN THE CASE OF:
BOARD DATE: 12 May 2015
DOCKET NUMBER: AR20150005735
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. He also states he was discharged due to his right shoulder surgery, back lumbar spine, left foot strain, and right ear tinnitus in addition to his mental health issues.
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 retirement determination.
2. Only the mental health conditions were addressed by the SRP. Other medical issues the applicant raises pertaining to his right shoulder surgery, back lumbar spine, left foot strain, and right ear tinnitus were not addressed in these proceedings. If the applicant believes an error or injustice has occurred related to these other medical conditions, he must submit a separate application to the Army Board for Correction of Military Records.
3. 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 shows the diagnoses of major depressive disorder (MDD) and anxiety disorder, not otherwise specified (NOS) were rendered during DES processing. The SRP noted the Physical Evaluation Board (PEB) did not record both diagnoses on the DA Form 199 (PEB Proceedings); however, diagnoses of MDD and anxiety disorder, NOS were found not unfitting on the DA Form 3947 (Medical Evaluation Board Proceedings).
4. The SRP concluded there were no omission errors in this case. Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project. The SRP agreed the diagnoses of anxiety disorder NOS and MDD, mild, were appropriate diagnoses at the time of the applicant's entry into the TDRL period.
5. The SRP also considered whether any MH condition(s) were unfitting for continued military service, regardless of specific diagnosis. No MH condition was ever profiled. Therefore, the SRP concluded that there was insufficient evidence that any MH condition rose to the level of being unfitting at the time of separation. Therefore, none were subject to service disability rating.
6. 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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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20150005735
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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