IN THE CASE OF: BOARD DATE: 23 October 2013 DOCKET NUMBER: AR20130017077 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 applicant’s submissions and records for evidence of inappropriate changes in the diagnosis of a mental health condition during processing through the military disability system. A copy of the SRP recommendation was forwarded to the applicant. 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. DISCUSSION AND CONCLUSIONS: 1. After a comprehensive review of the applicant’s case, the SRP determined by unanimous vote that there be no change to his disability and retirement 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) pilot program. The evidence of the available records shows diagnosis of adjustment disorder in the majority of treatment entries. However, depression was added to the electronic problems list as well as being a diagnosis from a Behavioral Health clinic provider in November 2009. As the record includes a Letter of Intent (LOI) for Medical Board Processing dated 13 October 2009, the change in diagnosis was considered to be [made] during the DES processing. Therefore, at the time of processing through the DES, a mental health diagnosis was changed to the applicant’s possible disadvantage during that process. 3. Independent SRP psychiatrist evaluation of the entirety of the record indicated that a diagnosis of depression was not clearly supported by the evidence of record and that the preponderance of the evidence favored the diagnosis of adjustment disorder with mixed anxiety and depressed mood at the time of separation. The adjustment disorder with anxiety and depression is not a physical disability and is not ratable in accordance with Department of Defense Instructions 1332.38, as adjudicated by the Physical Evaluation Board (PEB). 4. The SRP also considered whether any mental condition, regardless of specific diagnosis, was unfitting for continued military service. All SRP members agreed that the evidence of record reflected minimal mental health-related symptoms and good duty performance (as related to mental functioning) in the period of time leading up to the Medical Evaluation Board (MEB) and through retirement, and therefore concluded that there was insufficient evidence that any mental health condition rose to the level of being unfitting at the time of separation and therefore none were subject to a service disability rating. 5. The available evidence shows the SRP’s 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) AR20130017077 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1