IN THE CASE OF: BOARD DATE: 3 March 2016 DOCKET NUMBER: AR20150018372 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 Former Service Member’s (FSM) military disability evaluation pertaining to a mental health (MH) condition. 2. The applicant states, in effect, the FSM’s 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 FSM's case, the SRP determined by unanimous vote that there should be no change to the FSM's disability and separation determination. 2. The SRP considered the appropriateness of changes in MH diagnoses, Physical Evaluation Board (PEB) fitness determination; and if unfitting, whether the provisions of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 were applicable, and a disability rating recommendation in accordance with VASRD section 4.130. The SRP reviewed the records for evidence of inappropriate changes or elimination of diagnosis of the MH condition during processing through the disability evaluation system and found the DD Form 2808 dated 14 March 2003 listed MH diagnoses of anxiety/depression and OCD. Therefore, the FSM did not meet the inclusion criteria in the Terms of Reference (TOR) of the MH Review Project. 3. The PEB adjudicated the anxiety disorder as “EPTS,” (existed prior to service) without evidence of permanent service aggravation. The SRP acknowledged that in accordance with 1332.38 a presumption of service aggravation may only be overcome by clear and unmistakable evidence that the natural progression of a pre-existing condition was unaltered by any consequence of military service and unanimously agreed that in this case the evidence met that standard. 4. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient cause to recommend a change in the PEB determination that the anxiety condition was EPTS and not service aggravated, and therefore this condition could not be recommended for disability rating. Additionally the SRP found no evidence that any MH condition either developed during active duty or was permanently aggravated by military service, and therefore cannot recommend any MH condition for disability rating. The SRP members acknowledge the cover individual‘s untimely death and extend deepest sympathies to his family. 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 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) AR20150018372 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1