IN THE CASE OF:	

		BOARD DATE:	    19 February 2014

		DOCKET NUMBER:  AR20140000662 


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 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 MH 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 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 PDBR SRP and the applicant was provided a copy.

4.  The applicant did not respond to the advisory opinion.

DISCUSSION AND CONCLUSIONS:

1.  After a comprehensive review of the applicant's case, the SRP determined by unanimous vote that there should be no change to the applicant's disability and separation determination.

2.  The SRP considered the appropriateness of changes in the MH diagnoses; whether the provisions of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD), section 4.129 were applicable; and a disability rating recommendation in accordance with VASRD, section 4.130.

3.  The SRP first determined the diagnoses of adjustment disorder with disturbance of emotions and conduct had not been changed to the applicant's disadvantage during his processing through the Disability Evaluation System (DES).  The prior diagnosis of chronic major depression appeared to have already been changed prior to the beginning of the DES process.  The SRP therefore concluded the applicant's case did not appear to meet the inclusion criteria in the Terms of Reference for the MH Review Project.

4.  The physical evaluation board determined the adjustment disorder did not constitute a physical disability and was not ratable in the absence of an underlying ratable causative disorder as specified in DOD Instruction 1332.38, dated 14 November 1996, enclosure 5.1.3.9.4.  The applicant was separated on 22 November 2011 with a combined disability rating of 20 percent for the non-MH conditions.

5.  The SRP then turned to the question of fitness.  The commander's statement reflected only the applicant's physical disabilities with no indication that an MH issue affected his ability to fulfill duty requirements and affirmed on the questionnaire that the applicant had effective work relationships with both supervisors and co-workers.  There were no physical profile factors other than S1 and the narrative summary noted his adjustment disorder (diagnosis 4) met retention standards.

6.  The SRP concluded that the preponderance of evidence did not support either a change in diagnosis or any MH condition rising to the level of being unfit at the time of separation.

7.  The available evidence shows the SRP's assessment should be accepted.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X___  ___X____  ___X____  DENY APPLICATION

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.

ABCMR Record of Proceedings (cont)                                         AR20040003532



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ABCMR Record of Proceedings (cont)                                  AR20140000662



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