BOARD DATE:	  16 April 2014

		DOCKET NUMBER:  AR20140004131 


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 an 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 to the applicant's disability and retirement determination.

2.  The SRP considered the appropriateness of changes in the applicant's MH diagnoses; physical evaluation board (PEB) fitness determination; if unfitting, whether the provisions of Veterans Affairs Schedule for Rating Disabilities (VASRD), section 4.129, were applicable; and a disability rating recommendation in accordance with VASRD, section 4.130.

3.  The SRP first acknowledged the applicant's diagnosis of depression and anxiety was clearly documented during the Disability Evaluation System (DES) process, beginning at the time of the permanent non-MH profile through PEB adjudication in March 2008.  Additionally, the SRP agreed that the original MH diagnosis was changed to adjustment disorder 5 months prior to separation.  At first glance, this case appears to meet the inclusion criteria in the terms of reference of the MH review project.  However, such criteria states that an individual is being referred into the DES with the MH diagnosis which was either changed or eliminated and this did not occur in the applicant's case.  The applicant's referral into the DES was strictly for non-MH conditions.  Therefore, the SRP concluded that the applicant did not meet the inclusion criteria in the terms of reference of the MH review project.

4.  The SRP next deliberated whether the applicant's documented diagnoses of depression and/or anxiety with depressed mood were present to the degree of being found unfit for continued military service.  The SRP determined that no MH condition was found unfitting and thus not subject to a disability rating.

5.  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 adjudication for the applicant's MH conditions.

6.  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)                                  AR20140004131



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