BOARD DATE: 10 January 2017 DOCKET NUMBER: AR20160018062 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: AR20160018062 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: AR20160018062 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, the wife of a deceased former service member (FSM), requests a review of the military disability evaluation pertaining to the FSM's 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, on behalf of her deceased husband, 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 the FSM?s records for evidence of inappropriate changes in the diagnosis of a mental health condition during processing through the military disability 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 FSM?s record, the SRP determined by unanimous vote that there was no cause to recommend a change in the Physical Evaluation Board (PEB) adjudication of the Temporary Disability Retirement List (TDRL) determination. 2. The SRP reviewed the FSM?s records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the military Disability Evaluation System (DES). The evidence shows a diagnosis of chronic post-traumatic stress disorder (PTSD) with alcohol dependence secondary to PTSD rated at 50 percent and found to be unfitting. He served in Iraq from 2006 to 2007 where he received the Combat Medical Badge. He was placed on the TDRL on 15 January 2009. The SRP determined that MH diagnoses were not changed to the FSM?s possible disadvantage in the DES. Therefore, the SRP determined that the FSM did not appear to meet the inclusion criteria in the Terms of Reference of the MH Diagnosis Review Project. 3. The SRP agreed that the PEB adjudication of unfitting PTSD was well supported by the evidence. The FSM fully met the Diagnostic and Statistical Manual for Mental Disorders, Fourth Edition, Text Revision (DSM-IV TR) diagnostic criteria for PTSD; therefore, the diagnosis of PTSD was the appropriate diagnosis, and application of the provisions of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129 was correct at TDRL placement. The SRP considered if there was evidence for a VASRD 4.130 rating higher than 50 percent at time of placement on the TDRL. The higher 70 percent rating was for "Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood." The narrative summary examiner documented no impairment in judgment or thinking, but noted a restricted affect. The FSM was not hospitalized psychiatrically for his PTSD, did not have a history of violence, was not suicidal, had no legal history and there were no documented treatments in the emergency room related to the reported panic attacks. The SRP considered the record in evidence and determined there was insufficient evidence for recommending a 70 percent TDRL placement rating. The casualty report filed in his military personnel record shows he died an accidental death on 17 April 2009 shortly after placement on the TDRL. 4. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient evidence to recommend a change in the PEB adjudication for the FSM MH conditions at TDRL placement. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160018062 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160018062 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2