IN THE CASE OF:
BOARD DATE: 29 September 2015
DOCKET NUMBER: AR20150014051
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 Disability Evaluation System (DES). The evidence of the available records shows the Medical Evaluation Board (MEB) diagnosis of adjustment disorder with depressed mood and the Department of Veterans Affairs (VA) diagnoses of
post-traumatic stress disorder (PTSD) and depression were rendered during the DES process. Under the Terms of Reference (TOR) of the MH Review Project, the SRP considered the elimination or change in diagnosis of PTSD applying criteria of the Diagnostic and Statistical Manual for Mental Disorders, Fourth Edition (DSM-IV), Text Revision (TR).
3. The SRP noted the VA diagnoses of PTSD and depressive disorder were formally considered and concluded that the applicants case did not meet the inclusion criteria of the TOR of the MH Review Panel. The SRP concluded that the preponderance of evidence did not support a diagnosis of PTSD and depression at the time of separation. Adequate evidence prior to separation was lacking. The SRP noted there was no evidence in the records to support a PTSD diagnosis. The applicant denied PTSD-related symptoms during several evaluations and on his PTSD checklists.
4. The SRP agreed that evidence in the record reflected minimal MH-related symptoms. The applicant was never hospitalized psychiatrically, never reported suicidal or homicidal thoughts, was never seen in the emergency room for MH concerns, and there was no history of domestic violence. There was no clinical evidence that his condition caused significant impairment in social or occupational functioning. The commanders statement implicated medical conditions as the reason he could not perform his duties. Additionally, a MH condition was never profiled.
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 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) AR20150014051
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