IN THE CASE OF:	  

		BOARD DATE:	    20 May 2014

		DOCKET NUMBER:  AR20140006488 


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 an 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 of the applicant's disability and separation determination.

2.  The SRP determined that there was no MH diagnosis referred by the medical evaluation board (MEB) to the physical evaluation board for adjudication.  The SRP adjudged this to constitute a de facto determination by medical providers that no MH condition failed to meet retention standards, or was unfitting for continued military service.  Therefore, the applicant did not meet the inclusion criteria in the MH review project terms of reference.

3.  The SRP also determined the applicant's MH condition was an assessment of the fitness based on a preponderance of the evidence.  There were four entries for treatment for depression in 2009 according to the service treatment records.  There was documentation in the MEB narrative summary that indicated the applicant's depression symptoms were responding well to the Effexor anti-depressant medication.  Both depression and post-traumatic stress disorder screenings performed in June 2010 were negative.  No MH condition was specifically profiled (physical profile of "S1" indicating no psychiatric duty restrictions), was implicated in the commander's statement, or was judged to fail retention standards.  The commander's statement focused on the applicant's medical condition only.  There were no psychiatric hospitalizations for the applicant's MH condition.

4.  After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient cause to recommend a determination of unfitness for a contended MH condition and no additional disability rating was recommended.

5.  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)                                  AR20140006488



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