IN THE CASE OF: BOARD DATE: 11 February 2016 DOCKET NUMBER: AR20160000040 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 mental health diagnosis was changed during that process. 3. The applicant submitted an application through the 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 Department of Defense 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 be no change in the applicant’s disability and separation determination. 2. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the military pilot disability evaluation system (PDES). Diagnoses of major depressive disorder (MDD) (also rated as insomnia and eating disorder) and borderline personality disorder were rendered during the Disability Evaluation System (DES) process. Borderline personality disorder was unfitting but not compensable since the condition was developmental and not originated from service induced trauma. The SRP agreed that there were no inappropriate changes in diagnosis while processing through the disability evaluation system. Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference (TOR) of the MH Diagnosis Review Project. 3. The SRP agreed that Physical Evaluation Board (PEB) adjudication of unfitting MDD was supported by the evidence. The SRP noted that the PEB assigned a disability rating of 30 percent without application of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129 (Mental disorders due to traumatic stress). The SRP agreed the provision was not applicable in this case. The SRP considered if there was evidence for a VASRD Section 4.130 rating higher than 30 percent at the time of separation 4. The SRP noted that the higher 50 percent rating was for “Occupational and social impairment with reduced reliability and productivity.” The narrative summary (NARSUM) examiner noted the applicant had occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks, although the commander noted the applicant required additional supervision specifically during depressive periods. She was otherwise able to perform administrative duties, make simple work-related decisions, relate properly to supervisors and other workers, did not require an unreasonable number of rest periods, and could respond to changes in routine. The SRP considered the record in evidence best supported the 30 percent rating at the time of separation. 5. After due deliberation in consideration of the preponderance of the evidence, and mindful of VASRD Section 4.3 (reasonable doubt), the SRP recommended no change in the PEB’s adjudication for the MDD condition of 30 percent at permanent retirement. 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) AR20160000040 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1