IN THE CASE OF:
BOARD DATE: 28 July 2015
DOCKET NUMBER: AR20150010489
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 an 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 be no change of the applicants Physical Evaluation Board (PEB) MH determination.
2. The SRP reviewed the records for evidence of inappropriate changes in
diagnosis of an MH condition during processing through the Disability Evaluation System (DES) pilot. The evidence of the available records shows diagnoses of adjustment disorder and anxiety disorder were rendered during processing through the DES. The anxiety diagnosis was not forwarded by the Medical Evaluation Board (MEB) or adjudicated by the PEB; therefore the SRP determined that the applicant did appear to meet the inclusion criteria in the Terms of Reference of the MH Review Project. The SRP concluded that the evidence did not support a diagnosis of anxiety at the time of separation. Adequate prior-to-separation evidence was lacking.
3. The SRP agreed that evidence of the record reflected minimal MH-related symptoms. The applicant was never hospitalized psychiatrically, never reported suicidal or homicidal thoughts, and was never seen in the emergency room for MH concerns. There was no clinical evidence that his condition caused significant impairment in social or occupational functioning. The commanders statement indicated the applicant performed administrative duties very well. Additionally, a MH condition was never profiled.
4. 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 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) AR20150010489
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