IN THE CASE OF:	  

		BOARD DATE:	  21 May 2013

		DOCKET NUMBER:  AR20140006641 


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 separation determination.

2.  The SRP determined the applicant was correctly and consistently diagnosed with post-traumatic stress disorder (PTSD) upon entering the Disability Evaluation System (DES) process.  The medical evaluation board (MEB) forwarded PTSD as medically acceptable and the physical evaluation board (PEB) adjudicated it as not unfitting.  The SRP agreed the applicant did not meet the inclusion criteria in the MH review project terms of reference.

3.  The SRP noted the discrepancy in the assessments of applicant's MH condition between the service providers and that of the Department of Veterans Affairs (VA) provider assessment.  The SRP reconciled the possible differences as due to the applicant underreporting symptoms to the Service providers in an attempt to remain on active duty.  The SRP's charge with respect to the MH conditions referred them for review and were determined not to be unfitting by the PEB was an assessment of the appropriateness of the PEB's fitness adjudication, not an assessment of the MH condition itself if it's determined that the PEB's adjudication was supported by the evidence.

4.  The SRP noted the well-established principle for fitness determinations were performance-based and the SRP's threshold for countering PEB not-unfit determinations required a preponderance of the evidence.  In response to the applicant's letter to the PDBR, the panel wishes to clarify that the VA has no such "fitness" determinations related to their consideration of disability ratings.  The psychiatry memorandum utilized by the MEB documented chronic, mild PTSD that was not independently impairing for military service.  Prior to and throughout the DES process the applicant's physical profile rating remained "S1."  The commander's performance and functional statement did not indicate any impairment related to an MH condition.  The applicant was thoroughly evaluated and was found not to have a significant traumatic brain injury.

5.  After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient cause to recommend overturning the PEB's adjudication of "not unfitting" and, therefore, the MH condition could not be recommended for an additional 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 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)                                  AR20140006641



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