IN THE CASE OF:
BOARD DATE: 7 July 2015
DOCKET NUMBER: AR20150009678
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 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 should 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 MH condition during processing through Integrated Disability Evaluation System (DES). The evidence of the available records showed diagnoses of adjustment disorder with depression and insomnia and depression were rendered during processing through the DES. The medical evaluation board (MEB) did not forward the diagnosis of depression to the physical evaluation board (PEB). Therefore the applicant did appear to meet the inclusion criteria in the Terms of Reference of the MH Review Project. The SRP noted that there were no indications in the records that the applicant fulfilled the criteria for the Diagnostic and Statistical Manual for Mental Disorders, Fourth Edition (DSM-IV), diagnosis for depression.
3. The SRP later considered whether any mental condition was unfitting for continued military service at the time of 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 applicants military service did he require a psychiatric hospitalization or emergency care. No MH condition was permanently
profiled or was judged to fail retention standards. The commanders statement did not implicate an MH condition as a cause of duty impairment. There was no indication from the record that any MH condition significantly interfered with satisfactory duty performance.
4. After due deliberation considering all 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 separation
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
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20150009678
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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