IN THE CASE OF: 

		BOARD DATE:	  22 January 2014

		DOCKET NUMBER:  AR20130021315 


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 Department of Defense (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 applicant's submissions and records for evidence of inappropriate changes in the diagnosis of a MH condition during processing through the military disability system.

2.  The DOD 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 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 applicant's case, the SRP determined by unanimous vote that there should be no change in the applicant's disability and separation determination.

2.  The SRP considered the appropriateness of changes in the MH diagnoses and the physical evaluation board (PEB).

3.  The SRP first considered the change in diagnosis and observed the inconsistencies in the history provided by the applicant.  It noted that while the psychiatrist diagnosed the applicant as having an adjustment disorder, the majority of the other MH evaluations, all performed by clinical psychologists, diagnosed the applicant with an anxiety disorder and ruled out post-traumatic stress disorder.

4.  The SRP determined the MH diagnosis was changed to the applicant's possible disadvantage in the disability evaluation process and he did meet the inclusion criteria in the Terms of Reference of the MH Review Project.

5.  The SRP noted that while a majority of the examiners diagnosed an anxiety disorder, the psychiatrist who conducted a thorough review and examination determined that an adjustment disorder was the appropriate diagnosis.

6.  The SRP concluded the preponderance of evidence did not support any change in his diagnosis or that an unfitting MH condition existed at the time of the applicant's medical retirement, regardless of diagnosis.

7.  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)                                  AR20130021315



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