RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-00064 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His receive a mental health diagnosis review. APPLICANT CONTENDS THAT: He is eligible for a review Under the Physical Disability Board of Review (PDBR) guidelines. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant developed mental health symptoms diagnosed as anxiety and depression in 2006. During the applicant’s psychiatry Narrative Summary (NARSUM) exam on 20 Mar 07, he reported that anxiety and depressive/irritable mood symptoms began when he joined the Air Force. On 9 Apr 07, a Medical Evaluation Board (MEB) recommended the applicant’s anxiety disorder, depressive disorder be referred to the Informal Physical Evaluation Board (IPEB). On 4 May 07, the IPEB found the applicant unfit based on a diagnosis of anxiety disorder with depressive disorder. Accordingly, the IPEB recommended temporary retirement with a disability rating of 50 percent in accordance with Department of Defense (DoD) guidance for applying the Veterans Administration Schedule for Rating Disabilities (VASRD) guidelines. On 25 Jun 07, the applicant was furnished an honorable discharge, with a narrative reason for separation of “Disability, Temporary,” and credited with 3 years, 10 months, and 14 days of active service. On 26 Jun 07, the applicant was placed on the Temporary Disability Retired List (TDRL) with a combined compensable physical disability rating of 50 percent. On 19 Nov 08, the IPEB reevaluated the applicant’s case and found that his medical condition had improved since being placed on the TDRL and had not yet stabilized. He was found unfit for duty and recommended for retention on the TDRL with a disability rating of 30 percent IAW VASRD guidelines. On 15 Apr 10, the IPEB reevaluated the applicant’s case and found that his medical condition had improved since being placed on the TDRL and appeared to have stabilized. He was found unfit for duty and recommended for discharge with severance pay with a disability rating of 10 percent IAW VASRD guidelines. Additionally, he was diagnosed with Attention Deficit Hyperactivity Disorder, which is not ratable in the Disability Evaluation System. On 1 Jul 10, the applicant was removed from the TDRL and discharged in the grade of Senior Airman by reason of disability with entitlement to disability severance pay. 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 that there be no change of the applicant’s disability and separation determination. The SRP states they reviewed the records for evidence of inappropriate changes in diagnosis of the mental health condition during processing through the military Integrated Disability Evaluation System (IDES). The SRP agreed there were changes in mental health diagnosis. This applicant, therefore, did meet the inclusion criteria in the Terms of Reference of the Mental Health Review Project. The SRP noted the change in diagnosis from anxiety disorder, not otherwise specified (NOS) and depressive disorder NOS to dysthymia and rule-out generalized anxiety disorder. The SRP agreed at the time of permanent retirement that the record adequately demonstrated that the applicant’s depression continued to improve with continuous medication. He remained symptomatic, but described less depression and more anxiety. He had been pursuing a degree in Dental Hygiene with a 3.5 Grade Point Average. There was no reported history of suicidal or homicidal thoughts, plan, intent or attempts. There was no indication of a pattern of alcohol abuse. There was no report of legal problems. There was no report of domestic violence or violence outside of the home. His mental Status examination recorded no impairment in judgment, noted no evidence of psychosis, no panic attacks or memory loss, and no issues in orientation or hygiene. The symptoms had stabilized with no hospitalizations and no recorded visits to the emergency room for mental health issues. The anxiety and depression were transient and mild. His symptoms reflected the criteria for the 10% disability rating. The SRP concluded there was insufficient cause to recommend a change in the PEB adjudication of the applicant’s permanent retirement rating for mental health conditions. A complete copy of the PDBR SRP evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 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 existing law or regulations. 2. The application was timely filed. 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 Physical Disability Board of Review (PDBR) Special Review Panel (SRP) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. We note the Mental Health Psychologist conducted a review and concurred with the findings and recommendation of the PDBR SRP on 25 February 2015. 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-2015-00064 in Executive Session on 15 Sep 15, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-00064 was considered: Exhibit A. DD Form 149, dated 24 Dec 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, PDBR/Clinical Psychology Consultant, dated 25 Feb 15. Exhibit D. Letter, SAF/MRBC, dated 31 Mar 15.