IN THE CASE OF:
BOARD DATE: 28 July 2015
DOCKET NUMBER: AR20150010647
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 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 the Disability Evaluation System (DES). The evidence of the available records shows the Department of Veterans Affairs (VA) diagnosis of adjustment disorder with anxiety and depressed mood and Medical Evaluation Board (MEB) diagnoses of anxiety disorder not otherwise specified (NOS) and attention deficit hyperactivity disorder (ADHD) were rendered during the DES process. The Physical Evaluation Board (PEB) did eliminate the diagnosis rendered by the VA Compensation and Pension (C&P) examiner, but adjustment disorder with anxiety (MH) condition was not compensable and not deemed to constitute a physical disability in accordance with (IAW) Department of Defense Instruction (DODI) 1332.38. The SRP agreed there were no inappropriate changes in diagnoses and determined that the MH diagnoses were not changed to the applicants possible disadvantage in the disability evaluation. Therefore the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP agreed that evidence of the record reflected MH related symptoms prior to enlistment in the Army. The applicant had reported several childhood psychiatric diagnoses, most consistently ADHD. He also had anxiety which led him to play with fire to relieve stress. He was hospitalized twice during his adolescent years prior to enlisting in the Army and had received psychiatric medications and counseling. The applicant himself noted that his psychiatric issues had never interfered with his duties as a Soldier. During his years in the Army, he was never hospitalized psychiatrically, and there was no history of domestic violence. The record showed no evidence of an Article 15 or of other infractions. There was no clinical evidence that his condition caused significant impairment in social or occupational functioning. The last MH note prior to separation indicated he was in school, was with his fiancée, and optimistic about his future plans. The commanders statement did not implicate a MH condition.
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 service 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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ABCMR Record of Proceedings (cont) AR20150010647
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