IN THE CASE OF: BOARD DATE: 23 April 2014 DOCKET NUMBER: AR20140004964 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 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 mental health diagnosis was changed during that process. 3. The applicant submitted an application through the Department of Defense (DOD) Physical Disability Board of Review (PDBR) Mental Health 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 mental health 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 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 of the applicant’s disability and separation determination. 2. The SRP considered the appropriateness of changes in the applicant's mental health diagnoses, the Physical Evaluation Board (PEB) fitness determination; and if unfitting, 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. The SRP determined that no mental health diagnoses were changed to the applicant's possible disadvantage in the disability evaluation process. Therefore, the applicant did not appear to meet the inclusion criteria in the Terms of Reference of the Mental Health Review Project. 3. The applicant's mental health condition was determined not to be unfitting. The applicant's mental health condition was not profiled or implicated in the commander's statement and was not judged to fail retention standards by the treating psychiatrist or the medical evaluation board. 4. The SRP noted that at the time of placement on the Temporary Disability Retired List (TDRL) the applicant reported improved mood and sleep on medications with normal mental status examination. The SRP also considered the apparently differing opinions of the rheumatologist and the psychiatrist regarding whether the depression condition was medically disqualifying. The SRP agreed that the treating psychiatrist's opinion had the greater probative value and that the applicant's mental health condition was medically acceptable. There was no indication from the available records that the mental health condition significantly interfered with the applicant’s satisfactory duty performance. The SRP clarified that, in cases involving a period of TDRL, it must adhere to the military standard that only those conditions which were present and unfitting at the time of temporary retirement may be considered for service rating; regardless of their status at the time of permanent separation. 5. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient cause to recommend a change in the applicant's PEB fitness determination for the mental health condition and no disability ratings were recommended. 6. 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 that 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 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140004964 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1