IN THE CASE OF:
BOARD DATE: 12 May 2015
DOCKET NUMBER: AR20150005862
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 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 medical 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 Integrated Disability Evaluation System (IDES). The evidence of the available records shows diagnoses of adjustment disorder and mood disorder secondary to a general medical condition were rendered during processing through the DES. The physical evaluation board (PEB) adjudicated the mood disorder and the applicant did not appear to meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP later considered whether there was any unfitting mental disorder. The SRPs charge with respect to the applicant's MH conditions referred for review that were determined to be not unfitting by the PEB was an assessment of the appropriateness of the PEBs fitness adjudication. The SRPs threshold for countering PEB not-unfit determinations required a preponderance of evidence. The mood disorder was treated with medication and psychotherapy and received an S2 profile, but no duty limitations were imposed. During the time leading up to medical retirement, no MH disorder was judged to fail retention standards or significantly interfere with his military duties.
4. The SRP agreed that evidence of the record reflected minimal MH related symptoms. The applicant was never psychiatrically hospitalized, never reported suicidal or homicidal thoughts, was never seen in the emergency room for MH concerns and reported no issues of violence. There was no clinical evidence that a MH condition caused significant impairment in social or occupational functioning. The commanders statement indicated there were no duty limitations or performance issues related to the applicants mood disorder diagnosis. 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 one were subject to disability rating.
5. 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 PEB fitness determination for the mental health condition and no additional disability rating was recommended.
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
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20150005862
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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