BOARD DATE: 9 June 2016 DOCKET NUMBER: AR20160008630 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 further states the Army gave him a 20 percent rating and the Department of Veterans Affairs (VA) gave him a 100 percent rating on 2 separate occasions within a 2 month time period. The applicant also states, in effect, the Army rating was incorrect because Post-Traumatic Stress Disorder and Traumatic Brain Injury were both awarded by the VA and there is an 80 percent difference in the rating. 4. 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 MH SRP reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the military disability evaluation system. The evidence of the available records show diagnoses of anxiety disorder, in remission; and post-traumatic insomnia were rendered. At the time of processing through the disability evaluation system, no MH diagnoses were changed to the covered individual’s possible disadvantage during that process. Therefore, the applicant did not appear to meet the inclusion criteria in the Terms of Reference of the MH Diagnosis Review Project. 3. The applicant’s recorded symptoms at the VA examination in September 2011 were significantly worse than any entries in the treatment record in evidence. The SRP also considered whether any mental condition, regardless of specific diagnosis was unfitting for continued military service. The SRP members agreed that the evidence of record reflected minimal MH related symptoms and good duty performance (as related to mental functioning) in the period of time leading up to the Medical Evaluation Board (MEB). The record demonstrated the applicant did not participate in counseling or talk therapy. He participated in two psychiatric evaluations with the psychiatrist and two MH evaluations with the psychologist. He had one interview with the combat stress group, and one medication assessment visit. He took an antidepressant medication for 30 days or less. 4. The SRP noted the absence of an MH profile, and no MH condition was implicated in the commander’s statement. Therefore, the SRP concluded that there was insufficient evidence that any MH condition rose to the level of being unfitting at the time of separation and therefore none were subject to a service disability rating. 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 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20160008630 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1