RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03866 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His mental health diagnosis be reviewed. APPLICANT CONTENDS THAT: The applicant makes no contentions, other than a request to review his mental health diagnosis. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 3 Jul 03, the applicant entered the Regular Air Force this period. On 14 Dec 07, a Medical Evaluation Board (MEB) referred the applicant’s diagnosis of Post Traumatic Stress Disorder (PTSD) to an Informal Physical Evaluation Board (IPEB). On 6 Nov 08, an MEB referred the applicant’s diagnoses of Generalized Anxiety Disorder (GAD) and encephalopathy, alcohol related and alcohol dependence to an IPEB. On 23 Jan 08, the applicant’s MEB case was directed to be reaccomplished due to lack of clear diagnosis. On 21 Apr 09, the IPEB adjudicated the applicant’s conditions as unfitting with a compensable rating of 10%, and recommended permanent retirement. The applicant nonconcurred with the IPEB. On 16 Jun 09, the Formal Physical Evaluation Board (FPEB) adjudicated the applicant’s conditions as unfitting but not compensable or ratable and recommended he be returned to duty. The applicant concurred with these findings. On 17 Jul 09, the applicant was found fit and returned to duty. In January 2010, the applicant was relieved from active duty and retired effective 1 Feb 10, and furnished an honorable discharge, and was credited with 22 years 12 days of active service. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: The DoD Physical Disability Board of Review (PDBR) Special Review Panel (SRP) recommends denial, indicating there is no evidence of an error or an injustice. In accordance with Secretary of Defense (SecDef) directive for a comprehensive review of Service members who were referred to a disability evaluation process between 11 Sep 01 and 30 Apr 12 and whose Mental Health (MH) diagnoses were changed or eliminated during that process, the applicant’s case file was reviewed regarding diagnosis change, fitness determination, and rating of unfitting MH diagnoses in accordance with the Department of Veterans Affairs (DVA) Schedule for Rating Disabilities (VASRD) §4.129 and §4.130. The applicant’s records indicate a diagnosis of generalized anxiety disorder (GAD), not otherwise specified (NOS), and “history” of posttraumatic stress disorder (PTSD) was rendered during the Disability Evaluation System (DES) processing. Because a MH diagnosis was changed to the applicant’s possible disadvantage during that process, he met the criteria of the SecDef MH review project. Only the MH conditions were addressed by this review, and any other conditions or requests were outside the SRP scope. The applicant developed MH symptoms diagnosed as GAD NOS and history of encephalopathy [disorder or disease of the brain] around December 2006. The GAD NOS and encephalopathy conditions could not be adequately rehabilitated to meet the requirements of his Air Force Specialty so the applicant was issued a permanent profile and referred for an MEB. The MEB identified GAD NOS, encephalopathy, and history of PTSD, along with six non-MH conditions; however, that MEB was rescinded by a later MEB, which noted the MH diagnoses as only GAD and encephalopathy as not meeting retention standards. His case was then referred to a PEB. The PEB adjudicated the GAD NOS condition as unfitting and rendered the applicant a 10% disability rating. The applicant appealed to the Formal PEB, which negated the findings and returned the applicant to duty. He subsequently retired in February 2010. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the DES. The SRP noted PTSD diagnosis was listed without associated PTSD symptoms, and the identifying neurologist indicated the diagnosis had been based on a civilian neurologist’s chart review. The SRP acknowledge the DVA Compensation and Pension (C&P) examiner’s assessment and diagnosis of PTSD; however, there was insufficient clinical evidence to support that DSM-IV (Diagnostic and Statistical Manual of Mental Disorders, 4thEdition) diagnostic criteria were met. The treating psychiatristspecifically noted the applicant did not have evidence for PTSDand had denied symptoms consistent with PTSD. Multiple clinicianstreated the applicantover a 2-yearperiod and none recordedevidence to support aPTSDdiagnosis.There was insufficient evidence that the applicant met Criterion Astressor criteria. All [SRP] Panelmembers agreed the preponderance of evidencedid not support a PTSDdiagnosis.The SRPconcluded the diagnosis ofgeneralizedanxietyNOSwas the appropriate diagnosis at the timeof the decision to retain the applicant in the active duty status. The SRP also considered whether any mental condition, regardlessof specificdiagnosis was unfitting for continued militaryservice. The SRP agreed thatevidence of the record reflectedminimal MHrelated symptoms. All of the mental status examinationswere normal, he never reported suicidal ideations, was notseen in the emergency room for suicidal thoughts, panic attacks, or other anxiety related issuesand all of his global assessments of functioningwere maintained in the mild range, even at the DVA C&P examination. The applicant had a total of eight visits with MHprior to being retained.The applicant, in hisrequestto remain in active duty, noted he had resolved all MHissues. The treating psychiatrist notedhis MHcondition was in remission. TheMHcondition was never specifically profiled. Theapplicant continued with active duty, and there were no further MHencounters in evidence. The SRP therefore concluded that there was insufficient evidence that any MHconditionrose to the levelof being unfitting at the time ofretirementand therefore nonewere subject todisability rating. A complete copy of the PDBR SDPevaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copyof the Air Force evaluation was forwarded to the applicanton 31 Mar 15 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. THE BOARD CONCLUDES THAT: 1.The applicant has exhausted all remedies provided by existinglaw 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 an 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 A DoD Physical Disability Board of Review Special Review Panel and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Specifically, we note their finding that there was insufficient evidence of any mental health condition that rose to the level of being unfitting at the time of retirement; therefore, no mental health conditions were subject to a disability rating. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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 AFBCMR Docket Number BC-2014-03866 in Executive Session on 30 Jun 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 17 Mar 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, PBDR SRP, dated 31 Aug 14. Exhibit D. Letter, SAF/MRBR, dated 22 Sep 14. Exhibit E. Letter, SAF/MRBC, dated 31 Mar 15.