BOARD DATE: 10 January 2017 DOCKET NUMBER: AR20160017999 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ____X____ ____X____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 10 January 2017 DOCKET NUMBER: AR20160017999 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. BOARD DATE: 10 January 2017 DOCKET NUMBER: AR20160017999 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 service 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 DOD 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 evaluation system. 2. The Department of Defense 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 DOD PDBR SRP and the applicant was provided a copy. 4. The applicant did not respond to the advisory opinion. DISCUSSION: 1. After a comprehensive review of the applicant’s case, the SRP determined by unanimous vote that there was insufficient evidence to change the applicant?s disability and separation determination. 2. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the military disability evaluation system (DES). The evidence shows the medical evaluation board (MEB) diagnoses of post-traumatic stress disorder (PTSD), major depressive disorder (MDD), depression and anxiety disorder and the Department of Veterans Affairs (VA) diagnoses of MDD and generalized anxiety disorder were rendered during the DES process. The SRP concluded that the applicant’s case did not meet the inclusion criteria of the Terms of Reference of the MH Review Panel. 3. The SRP noted the preponderance of evidence did not support a diagnosis of PTSD at the time of Temporary Disability Retirement List (TDRL) placement. The applicant repeatedly attributed the majority of his psychosocial impairment to his chronically depressed mood with anxiety symptoms in the mild to moderate range. The MEB psychiatric narrative summary listed the MH disorder as MDD, recurrent. The MEB referred him to the PEB for PTSD as not meeting retention standards. The informal PEB adjudicated the PTSD MH condition as "major depressive disorder with elements of anxiety." He was rated at 50 percent unfitting for the MDD. He was placed on the TDRL. He was reexamined in accordance with regulatory guidance within 2 years of placement on the TDRL. The PEB adjudged post separation (17 January 2012) determined he should be permanently retired based on PTSD with a rating of 70 percent. This permanent placement was not indicative of the applicant’s disability picture at the time of separation (24 June 2010). 4. The SRP considered if there was evidence for a Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.130 rating higher than the VASRD Section 4.129 minimum mandated 50 percent at time of TDRL placement. The 70 percent rating required, "Deficiencies in most areas." At the time of separation, there was no obsessional rituals, speech intermittently illogical, obscure, or irrelevant, spatial disorientation, neglect of personal appearance and hygiene, or impaired impulse control. The SRP agreed that the VASRD Section 4.130 criteria for a rating higher than 50 percent was not met near the time of separation; therefore, the minimum 50 percent initial TDRL rating was applicable. 5. The SRP considered if there was evidence for a VASRD Section 4.130 rating higher than 70 percent at the time of TDRL removal. The higher 100 percent rating was for "Total occupational and social impairment." There was no evidence in the record of intermittent inability to perform activities of daily living, disorientation to time or place, gross impairment in thought processes or communication. 6. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that the record in evidence did not support a higher than 50 percent rating at TDRL placement and the record in evidence did not support a higher than 70 percent rating at TDRL removal with subsequent permanent retirement. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160017999 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160017999 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2