IN THE CASE OF:
BOARD DATE: 12 May 2015
DOCKET NUMBER: AR20150005867
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 a 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 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 applicant's case, the SRP determined by unanimous vote that there be no change of the applicant's 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 Integrated Disability Evaluation System (DES). The evidence of the available records showed diagnoses of post-traumatic stress disorder (PTSD) and anxiety disorder were rendered during processing through the DES. The diagnosis of PTSD was not forwarded on the medical evaluation board (MEB) cover sheet; however, the PTSD diagnosis and the temporary S3 (PTSD) profile were Included in the applicant's MEB rebuttal forwarded with the MEB package to the physical evaluation board (PEB). The PEB did not address any PTSD diagnosis. Therefore, the applicant did appear to meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP noted that the evidence in the treatment records did not support a PTSD diagnosis because there was no clear evidence that diagnostic criteria were met. Providers consistently diagnosed anxiety disorder but noted "symptoms of PTSD," some nightmares, irritability, and avoidance; however his symptoms were often related to family and financial issues. The SRP reviewed the entirety of the record including the in-service diagnosis of PTSD and agreed that there was not a preponderance of evidence sufficient to warrant a change in the MEB and PEB MH diagnosis of anxiety disorder.
4. The SRP also considered whether any mental condition was unfitting for continued military service at the time of the applicant's separation. The SRP agreed that the record reflected nonlimiting symptoms (as related to mental functioning) in the period of time leading into the initial MEB (adequate performance until referral). At no time during the applicant's military service did he require a psychiatric hospitalization, emergency care or psychotropic medication management. No MH condition was permanently profiled or was judged to fail retention standards. There was no indication from the record that any MH condition significantly interfered with satisfactory duty performance. The commander's statement did not clearly implicate an MH condition as a cause of duty impairment.
5. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient evidence that any MH condition rose to the level of being unfitting at the time of medical retirement.
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 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
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ABCMR Record of Proceedings (cont) AR20150005867
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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