IN THE CASE OF:
BOARD DATE: 3 September 2015
DOCKET NUMBER: AR20150012620
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 Department of Defense (DOD) Physical Disability Board of Review (PDBR) Mental Health 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 mental health 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 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 were no changes to the applicants disability and separation determination.
2. The Panel 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 showed a non-MH examiner listed anxiety and depression as diagnoses during the DES process, but no MH provider rendered a MH diagnosis. An MH diagnosis was not forwarded by the Medical Evaluation Board (MEB) or adjudicated by the Physical Evaluation Board (PEB). Therefore the applicant did not appear to meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP concluded that the preponderance of evidence did not support a diagnosis of anxiety or depression at the time of separation. Adequate pre-separation evidence was lacking. The SRP considered whether any mental condition, regardless of diagnosis, was unfitting for continued military service. The SRPs threshold for recommending a not-unfit determination required a preponderance of evidence. The SRP agreed the evidence of the record reflected minimal occupational impairment on the basis of MH related symptoms.
The commanders statement did not implicate an MH condition as a cause of duty impairment. At no time during the applicants military service did she require psychiatric hospitalization or emergency care. No MH condition was permanently profiled or was judged to fail retention standards. There was no indication from the record that an MH condition significantly interfered with satisfactory duty performance. The SRP concluded that there was insufficient evidence that an MH condition rose to the level of being unfitting at the time of separation.
4. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient cause to recommend a determination of unfit for an MH condition and no disability rating was recommended.
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
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20150012620
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2015 | 20150007873
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. The SRP noted the diagnosis of anxiety disorder was noted on the profile and physical and not recorded at the Medical Evaluation Board (MEB) and subsequently not adjudicated by the PEB; therefore, this diagnosis was eliminated. After due deliberation in consideration of...
ARMY | BCMR | CY2014 | 20140010497
The applicant requests a review of the military disability evaluation pertaining to a mental health (MH) condition. The PDBR SRP conducted a comprehensive review of the applicants submissions and records for evidence of inappropriate changes in the diagnosis of a mental health condition during processing through the military disability system. The SRPs charge with respect to MH conditions referred for review that were determined to be not unfitting by the PEB was an assessment of the...
ARMY | BCMR | CY2014 | 20140014506
The applicant requests a review of the military disability evaluation pertaining to a mental health (MH)) condition. The SRP reviewed the records for evidence of inappropriate changes in a diagnosis of the MH condition during processing through the military Disability Evaluation System (DES). Therefore, the diagnosis of depression and anxiety due to general medical condition was the most appropriate diagnosis at the time of medical retirement.
ARMY | BCMR | CY2014 | 20140010511
The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the military Disability Evaluation System (DES). The SRPs charge with respect to MH conditions referred for review that were determined to be not unfitting by the PEB was an assessment of the appropriateness of the PEBs fitness adjudication. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient...
ARMY | BCMR | CY2014 | 20140006952
The applicant requests a review of the military disability evaluation pertaining to a mental health (MH) condition. 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. Review of the Post-Deployment Health Assessment, service treatment records following return from deployment, and primary MH treatment records at the time...
ARMY | BCMR | CY2014 | 20140014906
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. The SRP reviewed the records for evidence of an MH diagnosis or diagnoses being changed or eliminated to the applicant's possible disadvantage during the Disability Evaluation Process (DES). After due deliberation in consideration of the preponderance of the evidence, the...
ARMY | BCMR | CY2014 | 20140004337
The PDBR SRP conducted a comprehensive review of the applicants submissions and records for evidence of inappropriate changes in the diagnosis of a mental health condition during processing through the military disability system. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the military Disability Evaluation System (DES). The evidence of the available records shows diagnoses of depression and Post-Traumatic...
ARMY | BCMR | CY2014 | 20140013531
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. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the applicant's MH condition during processing through the military Disability Evaluation System (DES). The SRP acknowledged the GAD diagnosis, but there was insufficient evidence for the...
ARMY | BCMR | CY2014 | 20140010514
The applicant requests a review of the military disability evaluation pertaining to a mental health (MH) condition. The PDBR SRP conducted a comprehensive review of the applicants submissions and records for evidence of inappropriate changes in the diagnosis of a mental health condition during processing through the military disability system. The SRP reviewed the records for evidence of inappropriate changes in A diagnosis of an MH condition during processing through the Disability...
ARMY | BCMR | CY2014 | 20140003242
The applicant requests a review of the military disability evaluation pertaining to a mental health (MH) condition. 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. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient cause to recommend a change in...