RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01431 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His military disability evaluation regarding his mental health condition be reviewed. APPLICANT CONTENDS THAT: The Board should find it in the interest of justice to consider his untimely application because the Secretary of Defense recently directed a comprehensive review of previously assigned Department of Defense (DoD) mental health diagnoses made by the Disability Evaluation System (DES). In support of his request, the applicant provides copies of VA Form 3288, Request and Consent to Release of Information from Individual’s Records and AFPC/DPF memorandum dated 11 April 2013. The applicant's complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: According to AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board (PEB), dated 23 April 2007, the informal PEB found the applicant unfit based on diagnoses of fibromyalgia pain syndrome with pain disorder associated with both psychological factors and a general condition. Accordingly, the informal PEB recommended he be permanently retired with a combined disability rating of 40 percent in accordance with Department of Defense (DoD) guidance for applying the Veterans Administration Schedule for Rating Disabilities (VASRD) guidelines. According to AF Form 1180, Action on Physical Evaluation Board Findings and Recommended Disposition, dated 26 April 2007, the applicant agreed with the findings of the informal PEB and waived his right to a formal PEB. According to Special Order ACD-01155 dated 7 May 2008, the applicant was medically retired effective 29 June 2007, and was credited with 18 years and 18 days of active service. The National Defense Authorization Act for Fiscal Year 2015, which became law on 19 December 2014, amended Title 10, § 1552, Boards For Correction Of Military Records, to ensure that any medical advisory opinion issued to a board established with respect to a member or former member of the armed forces who was diagnosed while serving in the armed forces as experiencing a mental health disorder shall include the opinion of a clinical psychologist or psychiatrist if the request for correction of records concerned relates to a mental health disorder. AIR FORCE EVALUATION: The Physical Disability Board of Review (PDBR) Special Review Panel (SRP) recommends no change in the applicant’s disability and medical retirement determination. By way of background, the Secretary of Defense directed a comprehensive review of service members who were referred to a disability evaluation process between 11 September 2001 and 30 April 2012 and their mental health diagnosis was changed or eliminated during that process. The SRP considered the appropriateness of changes in the mental health diagnosis/PEB fitness determination, and if unfitting, whether the provisions of the VASRD were applicable and a disability rating recommendation was made in accordance with the VASRD. The applicant was diagnosed with fibromyalgia in early 2006. Based on an evaluation in November 2006, he was diagnosed with generalized anxiety disorder and adjustment disorder with depressed mood. The diagnoses of generalized anxiety disorder, and adjustment disorder with depressed mood were eliminated and changed to pain disorder associated with both psychological factors and a general medical condition during DES processing. The SRP concluded the diagnoses change were appropriate. The psychology evaluation resulting in the change in diagnoses was detailed, well-reasoned, supported by the evidence and coordinated with the psychologist who rendered the initial diagnoses. The SRP also considered whether the mental health conditions regardless of diagnostic label were separately unfitting for military service. The threshold for countering PEB change or eliminations requires a preponderance of evidence. There was no indication from the record that the mental health conditions separately and significantly interfered with satisfactory duty performance. The conditions were not profiled or implicated in the commander's statement, and not judged to fail retention standards by the military psychologist. The SRP noted that the mental health symptoms were clearly associated with the chronic fibromyalgia condition and that the rating criteria for fibromyalgia under VASRD code 5025 considers the impairment from associated fatigue, sleep disturbance, stiffness, paresthesias, headache, irritable bowel symptoms, depression, and anxiety. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient cause to recommend separate fitness adjudications for the mental health conditions. On 7 March 2015, a psychiatrist concurred with the original PDBR SRP Mental Health Review digitally signed on 14 March 2014, and recommends no change in the applicant’s disability and medical retirement determination. The complete PDBR SRP evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 17 April 2014 and 27 March 2015, a copy of the PDBR SRP evaluation was forwarded to the applicant for review and comment within 30 days. As of this date, this office has received no response (Exhibits D and H). THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the PDBR SRP and adopt the rationale expressed as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. The following members of the Board considered this application in Executive Session on 12 May 2015, under the provisions of AFI 36- 2603: , Panel Chair , Member , Member The following documentary pertaining to AFBCMR Docket Number BC- 2014-01431 was considered: Exhibit A. DD Form 149, 20 April 2013, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, PDBR SRP, digitally signed 17 March 2014. Exhibit D. Letter, SAF/MRBR, dated 17 April 2014. Exhibit E. Letter, PDBR SRP, digitally signed 7 March 2015. Exhibit F. Letter, SAF/MRBC, dated 27 March 2015.