IN THE CASE OF:
BOARD DATE: 25 June 2015
DOCKET NUMBER: AR20150008681
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 also states that he was diagnosed with traumatic brain injury (TBI).
4. 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 separation determination.
2. The SRP reviewed the records for evidence of changes in diagnosis of the MH condition during processing through the Disability Evaluation System (DES). The available records show the diagnosis of adjustment disorder with depressed and angry mood as the only diagnosis rendered during DES processing. The SRP noted the Medical Evaluation Board (MEB) history and physical included "[Post-Traumatic Stress Disorder (PTSD)] symptoms in the area labeled defects and diagnosis; however, treatment records indicated that PTSD was not diagnosed prior to medical retirement. The SRP agreed there were no changes in diagnoses. Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. Additionally, the SRP noted the applicant requested a review for TBI; however, there was no evidence in the record of a diagnosed TBI. The SRP also considered whether a MH condition was unfitting for continued military service, regardless of specific diagnosis. The SRP concluded there was insufficient evidence to support that Diagnostic and Statistical Manual for Mental Disorders (DSM-IV) diagnostic criteria were met. The SRP noted there was no diagnosed MH condition prior to the Medical Evaluation Board (MEB) process. The SRP therefore concluded that there was insufficient evidence that any MH condition rose to the level of being unfitting at the time of separation and therefore none were subject to service disability rating. 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 adjudication for the applicants MH conditions.
4. 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) AR20150008681
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