BOARD DATE: 5 January 2016 DOCKET NUMBER: AR20150018338 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 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 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 be no change to the applicant’s physical evaluation board (PEB) mental health determination. 2. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the mental health condition during processing through the military disability evaluation system (DES). Panic disorder with agoraphobia was the only diagnosis rendered during the DES process. The SRP agreed that there were no inappropriate changes in diagnosis to the applicant’s possible disadvantage while processing through the DES. Therefore the applicant did not meet the inclusion criteria in the Terms of Reference (TOR) of the Mental Health Diagnosis Review Project. 3. The SRP agreed that the evidence of record reflected minimal mental health related symptoms at the time of separation and the Department of Veterans Affairs Compensation and Pension examiner agreed with the diagnosis of panic disorder with little effect on work. During his second enlistment period, the applicant was never hospitalized for psychiatric illnesses, never reported suicidal or homicidal thoughts, and was never seen in the emergency room for mental health concerns. The addendum examiner noted that his condition caused mild impairment in social or occupational functioning and that he was psychiatrically fit for duty. The commander’s statement did not implicate a mental health condition as an impairment to his duty performance. 4. After due deliberation and in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient evidence that any mental health condition rose to the level of being unfitting at the time of his separation and none were subject to a service disability rating. 5. 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) AR20150018338 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1