IN THE CASE OF:
BOARD DATE: 11 June 2015
DOCKET NUMBER: AR20150007553
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 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 processing.
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 separation determination.
2. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the applicant's MH condition during processing through the Pilot Disability Evaluation System (DES). The evidence of the available records showed a diagnosis of depression not otherwise specified (NOS) was rendered during the Department of Defense (DoD)/Department of Veterans Affairs (VA) DES pilot program process. The medical evaluation board (MEB) conducted a review of the records and determined that there was insufficient documentation of a mental illness to warrant processing through the medical board. The SRP determined that the applicant did not appear to meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP noted the VA diagnosis of depressive disorder NOS, and the subsequent diagnosis of post-traumatic stress disorder (PTSD) remote from separation. The SRP considered whether any mental condition, regardless of specific diagnosis, was unfitting for continued military service. The SRPs threshold for recommending a not-unfit determination requires a preponderance of evidence. The SRP agreed that evidence of the record reflected minimal occupational impairment on the basis of mental health 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 an 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 satisfactory duty performance. The remote diagnosis of PTSD and increased MH symptoms was adjudged after separation and was not indicative of the applicants disability picture at the time of separation.
4. After 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 a disability rating.
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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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20150007553
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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