IN THE CASE OF: BOARD DATE: 19 February 2014 DOCKET NUMBER: AR20140000369 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 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 applicant’s case, the SRP determined by unanimous vote that there should be no change of the applicant's disability and separation determination. 2. The SRP reviewed the applicant’s records for evidence of inappropriate changes or elimination of diagnosis of the MH condition during processing through the Integrated Disability Evaluation System (IDES) and found that the applicant’s Medical Evaluation Board (MEB) narrative summary (NARSUM) included a diagnosis of anxiety disorder, not otherwise specified and adjustment disorder that did not fall below retention standards which was not forwarded by the MEB to the Physical Evaluation Board. The SRP agreed that the applicant did appear to meet the inclusion criteria in the Terms of Reference of the MH Review Project with possible disadvantage to the applicant. 3. The SRP noted the NARSUM addressed the reconciliation of apparent inconsistencies, noting that there was no MH diagnosis which fell below retention standards. The SRP next considered whether the applicant’s MH condition diagnosed by the Department of Veterans Affairs (VA) and the MEB psychiatry evaluation, regardless of the specific diagnosis, was not unfitting for continued military service. There was no indication from the record that any MH condition significantly interfered with the applicant's satisfactory duty performance. 4. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that the evidence did not support an unfit determination for any MH disorder at the time of evaluation in the IDES or prior to separation and that Department of Veterans Affairs Schedule for Rating Disabilities section 4.130 and section 4.129 do not apply. 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) AR20140000369 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1