IN THE CASE OF:
BOARD DATE: 28 May 2015
DOCKET NUMBER: AR20150006412
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 Disability Evaluation System (DES). Diagnoses of adjustment disorder Medical Evaluation Board (MEB) and the Department of Veterans Affairs and anxiety (DD Form 2808) were rendered during the DES process. The anxiety diagnosis was recorded on the physical examination for the MEB, but not on any other documents. A diagnosis of anxiety was recorded on the MEB physical exam; however, the MEB and the Physical Evaluation Board (PEB) only identified adjustment disorder. Therefore the SRP concluded the applicant met the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP agreed that the available service treatment records did not reflect evidence for an anxiety diagnosis; specifically, there was no evidence that the applicant ever met Diagnostic and Statistical Manual of Mental Disorders diagnostic criteria for anxiety. Furthermore, the compensation and pension and psychiatric narrative summary (NARSUM) exams provided a preponderance of evidence that, at the time of separation, the diagnosis of adjustment disorder was correct. Therefore, the SRP concluded that although the diagnosis of anxiety was eliminated in the disability evaluation process, that diagnosis was appropriately eliminated.
4. The SRP considered whether any mental condition, regardless of diagnosis, was unfitting for continued military service. In the applicants case, the PEB adjudicated the adjustment disorder as a condition not constituting a physical disability in accordance with Department of Defense Instruction (DoDI) 1332.38. However, even conceding the issue of whether the condition constituted a physical disability, the SRP agreed that the preponderance of evidence reflected non-limiting MH symptoms in the period of time leading into the applicant's MEB. The SRP agreed that the evidence of record reflected minimal occupational impairment on the basis of MH related symptoms. There were no psychiatric emergency visits, no active suicidal or homicidal thoughts; no legal issues, no reports of domestic violence, nor any psychiatric hospitalizations. The commanders statement did not implicate a MH condition as a cause of duty impairment. No MH condition was profiled or judged to fail retention standards. There was no indication from the record that any MH condition significantly interfered with the applicant's satisfactory duty performance.
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 the applicant's separation and none were subject to service disability rating.
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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ABCMR Record of Proceedings (cont) AR20150006412
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