IN THE CASE OF:
BOARD DATE: 3 September 2015
DOCKET NUMBER: AR20150012225
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 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 pilot military Disability Evaluation System (DES). The evidence of the available records shows the diagnosis of anxiety disorder not otherwise specified (NOS) and post-traumatic stress disorder (PTSD) was rendered during DES processing. The SRP agreed there were no changes in diagnoses and therefore the applicant did not meet the inclusion criteria in the Terms of Reference of the Mental Health Diagnosis Review Project.
3. The SRP noted the diagnostic variance (retention assessment) referenced a psychiatric evaluation dated 5 months after his Department of Veterans Affairs (VA) mental examination that reportedly demonstrated that the Diagnostic and Statistical Manual for Mental Disorders, Fourth Edition, diagnostic criteria for PTSD were not met, and concluded that the diagnosis of anxiety disorder NOS was the appropriate diagnosis. The SRP acknowledged the VA Compensation and Pension examiners assessment of PTSD; however, the preponderance of the available evidence supported the anxiety disorder NOS diagnosis.
4. The SRP considered whether any MH condition was unfitting for continued military service, regardless of specific diagnosis. The applicant was never hospitalized for MH concerns, never presented to the emergency room for MH issues, had no documented history of frequent panic attacks, and did not report active suicidal or homicidal thoughts with a plan. He noted that he had continued to work and had not missed any days of work due to his MH symptoms. There was no documented history of violence or legal issues. No MH condition was ever profiled or implicated in the commanders performance statement.
5. 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.
6. 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) AR20150012225
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