IN THE CASE OF:
BOARD DATE: 22 October 2015
DOCKET NUMBER: AR20150014921
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 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 mental health diagnosis was changed during that process.
3. The applicant submitted an application through the 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 Department of Defense memorandum, dated 27 February 2013, directed the Service Secretaries to conduct a review of mental health 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 mental health condition during processing through the Disability Evaluation System (DES). The evidence of the available records showed diagnoses of adjustment disorder with depressed mood versus depression secondary to a general medical condition were rendered during the DES process. The Physical Evaluation Board (PEB) considered both diagnoses and found both unfitting. Adjustment disorder with anxiety was not compensable and not deemed to constitute a physical disability in accordance with (IAW) Department of Defense Instruction (DODI) 1332.38, encl. The SRP agreed there were no inappropriate changes in diagnoses and therefore determined that mental health 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 mental health Diagnosis Review Project.
3. The SRP agreed that evidence of the record reflected minimal mental health related symptoms at the time of separation. The applicant was never hospitalized psychiatrically, never reported suicidal or homicidal thoughts, was never seen in the emergency room for mental health concerns, and there was 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 she could not perform her duties. Additionally, a mental health 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 mental health 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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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20150014921
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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