IN THE CASE OF:	  

		BOARD DATE:	    23 October 2013

		DOCKET NUMBER:  AR20130018077 


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 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 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 DOD 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 the physical evaluation board's (PEB) determination of the mental health condition as not unfitting for service.

2.  On review of the complete record, the SRP found no preponderance of evidence to recommend any other mental health diagnosis, including 
post-traumatic stress disorder, at separation.  The anxiety condition was determined to be not unfitting by the PEB.  The SRP's charge with respect to mental health conditions referred for review that were determined to be not unfitting by the PEB is an assessment of the appropriateness of the PEB's fitness adjudication.  The SRP's threshold for countering PEB not-unfitting determinations requires a preponderance of evidence.  The SRP agreed that the record in evidence supported the condition to be mild, and improving with treatment.

3.  No mental health condition was profiled or defined in the commander's statement as negatively affecting duty function.  None was judged to fail retention standards by the medical evaluation board/narrative summary (MEB/NARSUM) psychiatrist or the MEB.  The mental health condition was reviewed and considered by the SRP.  There was no indication from the record any mental health condition significantly interfered with satisfactory duty performance.  After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient cause to recommend a change in the PEB fitness determination.

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 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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ABCMR Record of Proceedings (cont)                                  AR20130018077



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