BOARD DATE:	  6 August 2015

		DOCKET NUMBER:  AR20150010728 


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’s response to the advisory opinion pointed out that he was discharged from the military due to bilateral pes planus and was given a zero percent rating by the medical board.  The applicant further states the Army medical board stated the condition did not occur nor did it worsen on active duty.

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 reviewed the records for evidence of inappropriate changes in diagnosis of any MH condition during processing through the Disability Evaluation System (DES).  The evidence of the available records demonstrated the absence of MH diagnosis during the DES process.  There was no MH diagnosis changed to the applicant’s possible disadvantage in the disability evaluation.  Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference (ToR) of the MH Review Project.

3.  The SRP acknowledged the September 2004 profile that carried an S3 profile for depression; however, that diagnosis was recorded as a finding during a physical examination 2 years prior to the DES process, and there was no clinical evidence to support a diagnosis of depression.  There was no evidence in the treatment record that the applicant suffered from any Axis I pathology.  The applicant had not participated or received any MH evaluations; there was no evidence of an MH diagnosis after 2001, or treatment in the 4 years prior to medical separation.  The commander’s statement did not implicate an MH condition and no MH condition was profiled in the 12 months prior to separation.

4.  The SRP concluded there was no unfitting MH condition at any time prior to separation, and therefore, none were subject to compensation.

5.  The applicant’s rebuttal to the advisory opinion from the PDBR SRP indicates he was medically discharged for bilateral pes planus and not for a mental health condition.  The DOD guidance directs the SRP to only address mental health conditions in their review.  Therefore, the applicant is advised to submit a separate application on a DD Form 149 to the ABCMR with all medical supporting documents.


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)                                  AR20150010728



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