IN THE CASE OF: BOARD DATE: 23 October 2013 DOCKET NUMBER: AR20130017889 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 separation. 2. Although there were some trauma-related symptoms recorded inconsistently throughout the record, there was no evidence of a primary anxiety disorder or symptoms approaching the diagnosis of Post-traumatic Stress Disorder (PTSD). His reported insomnia, irritability, and mood symptoms recorded at the Compensation and Pension exam had been noted as part of his Traumatic Brain Injury (TBI) condition and recognized by his treating psychologist as part of his adjustment following his TBI. The covered individual clearly had a TBI incident and continued subjective symptoms and the Department of Veterans Affairs rated those symptoms under code 8045 (post-concussive syndrome) which can potentially have significant mental health overlay. The Physical Evaluation Board adjudicated the anxiety disorder not otherwise specified (NOS) and the major depressive disorder as meeting retention standards 3. Independent psychiatrist review of the entirety of the record concluded that the preponderance of the evidence did not support an AXIS I diagnosis of PTSD or cognitive disorder NOS. The SRP agreed that there was not a preponderance of evidence to add any mental health diagnoses to the Disability Evaluation System determination. All SRP members agreed, the evidence of the record reflected minimal mental health-related symptoms and good duty performance (as related to mental functioning) proximate to separation, and therefore concluded that there was not a preponderance of evidence to consider that any mental condition rose to the level of being unfitting at the time of separation. 4. 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) AR20130017889 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1