BOARD DATE:	  28 May 2014

		DOCKET NUMBER:  AR20140007121 


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 to the applicant's disability and separation determination.

2.  The SRP determined that after a thorough review of service and Department of Veterans Affairs (VA) records, the applicant did not meet the inclusion criteria in the terms of reference of the MH review project as no MH diagnosis was referred to the medical evaluation board (MEB) or physical evaluation board (PEB) 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.

3.  The SRP's first charge with respect to these conditions was an assessment of fitness based upon a preponderance of evidence.  During her first term of active duty service, the applicant underwent a Persian Gulf evaluation and was diagnosed with mild post-traumatic stress disorder (PTSD).  She underwent extensive neuropsychological testing and the examiner concluded that no Axis I diagnosis could be made based on the test results.  During her second period of active service (approximately 10 years later), no MH condition was ever profiled or implicated in the commander's statement.  There were no treatment records for an MH condition and the MEB did not identify any MH condition.  There were no psychiatric hospitalizations for PTSD.

4.  The SRP noted that almost 9 months after separation, a VA Compensation and Pension examiner documented that the applicant reacted with expected sadness and worry from time to time and there was no service-connected psychiatric disorder.  Long after separation, the VA did grant service-connection for her PTSD, but service disability compensation could only be offered for those conditions that cut short the member's service career.  There was no evidence present for review that suggest an MH condition was involved in truncating the applicant's military career.

5.  After due deliberation, in consideration of the preponderance of the evidence, the SRP concluded there was insufficient cause to recommend a determination of unfit due to an MH condition and no additional disability rating was 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 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)                                  AR20140007121



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