IN THE CASE OF: BOARD DATE: 26 January 2017 DOCKET NUMBER: AR20160018594 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 IN THE CASE OF: BOARD DATE: 26 January 2017 DOCKET NUMBER: AR20160018594 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. IN THE CASE OF: BOARD DATE: 26 January 2017 DOCKET NUMBER: AR20160018594 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 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 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 MH 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 should be no change of the applicant’s disability and separation determination. 2. The SRP reviewed the records for evidence of inappropriate changes in diagnoses during processing through the Department of Veterans Affairs (VA)/DOD military disability evaluation system (DES). The available records show a diagnoses of Post-Traumatic Stress Disorder (PTSD), cognitive impairment, and insomnia were rendered. At the time of processing through the DES, no MH diagnoses were changed to the covered individual’s possible disadvantage. The SRP concluded the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Diagnosis Review Project. 3. The SRP agreed that the Physical Evaluation Board adjudication of not unfitting PTSD was supported by the evidence, and although the VA compensation and pension examiner noted the applicant appeared to have met the Diagnostic and Statistical Manual for Mental Disorders, Fourth Edition (DSM-IV), Text Revision diagnostic criteria for PTSD, there was not a preponderance of evidence to support the condition was unfitting. Presumption of Fitness was not overcome. 4. The SRP noted that many of the applicant’s recorded symptoms at the VA examination in October 2011 were not dissimilar to those reported at the MH evaluation; however, the report of passive suicidal ideation, panic attacks twice in a year, and memory issues were not recorded in the MH evaluation or any entries in the treatment record in evidence. 5. The SRP considered whether any MH, regardless of specific diagnosis was unfitting for continued military service. The record demonstrated absence of treatment for any MH symptoms, no report of any significant MH symptoms at the time leading into the Medical Evaluation Board (MEB), and no MH symptoms or condition was implicated in the commander’s statement. No MH condition was profiled or judged to fail retention standards. The SRP agreed the evidence of the record reflected minimal MH related symptoms and good duty performance (as related to mental functioning) in the period of time leading into the MEB. 6. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient evidence that any MH condition rose to the level of being unfitting at the time of separation and none were subject to service disability rating. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160018594 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160018594 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2