IN THE CASE OF: BOARD DATE: 6 May 2014 DOCKET NUMBER: AR20140005721 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. 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. 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 physical evaluation board adjudication of the disability retirement determination. 2. The SRP reviewed the applicant's records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the military Disability Evaluation System (DES). The evidence of the available records shows that adjustment disorder with depressed mood was the only diagnosis rendered. The SRP noted the diagnosis of Post-Traumatic Stress Disorder (PTSD) on his DD Form 2808; however, determined the preponderance of evidence did not support a PTSD diagnosis. Therefore, at the time of processing through the DES, no MH diagnosis was changed to the applicant's possible disadvantage. Therefore, the applicant did not appear to meet the inclusion criteria in the Terms of Reference of the MH Review Project. 3. The SRP also considered whether any mental condition, regardless of specific diagnosis was unfitting for continued military service. The adjustment disorder with depressed mood was not a physical disability and was not ratable in accordance with DOD Instruction (DODI) 1332.38. 4. The SRP agreed that the evidence of the record reflected minimal MH related symptoms. There was no evidence the applicant was prescribed psychotropic medications for a MH condition, no visits to the emergency room, and no psychiatric hospitalization prior to separation. The commander's statement did not implicate a MH issue and no MH condition was ever profiled. 5. After due deliberation in consideration of the preponderance of evidence, the SRP concluded that there was insufficient evidence that any MH condition rose to the level of being unfitting at the time of separation and none were subject to disability rating. 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 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) AR20140005721 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1