IN THE CASE OF BOARD DATE: 16 April 2014 DOCKET NUMBER: AR20140004243 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 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 majority 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; and if unfitting, whether the provisions of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.130 were applicable, and a disability rating recommendation in accordance with VASRD section 4.130. 3. The SRP noted that although the applicant had earlier been diagnosed with adjustment disorder and anxiety disorder, not otherwise specified (NOS), the diagnosis of Post Traumatic Stress Disorder had been consistently documented throughout his processing through the Disability Evaluation System and had not been changed to the applicant’s disadvantage. Therefore, the applicant did not meet the inclusion criteria of the Terms of Reference of the MH Review Project. 4. The SRP noted that although the PEB placing the applicant on Temporary Disability Retired List (TDRL) had opined that the appropriate disability rating was 10 percent, it appropriately applied VASRD section 4.129 and assigned a temporary 50 percent disability rating. The SRP could not find sufficient evidence to support a higher rating at the time of placement on the TDRL. 5. The SRP then discussed the final PEB's finding of the applicant's condition as stable and unfitting. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded by majority vote 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 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140004243 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1