IN THE CASE OF: BOARD DATE: 16 August 2016 DOCKET NUMBER: AR20160011903 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ____x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 16 August 2016 DOCKET NUMBER: AR20160011903 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. IN THE CASE OF: BOARD DATE: 16 August 2016 DOCKET NUMBER: AR20160011903 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 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 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: 1. After a comprehensive review of the applicant’s case, the SRP determined by unanimous vote that there be no change of 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 disability evaluation system (DES). The evidence of the available records showed no MH diagnosis was rendered during the DES process. No MH diagnosis was forwarded by the Medical Evaluation Board (MEB) or adjudicated by the Physical Evaluation Board (PEB); therefore the SRP determined that the applicant did not appear to meet the inclusion criteria in the Terms of Reference of the MH Review Project. 3. The SRP next considered whether any mental condition, regardless of diagnosis, was unfitting for continued military service. The SRP’s threshold for recommending a not-unfit determination required a preponderance of evidence. The SRP agreed that evidence of the record reflected no occupational impairment on the basis of MH related symptoms. The commander’s statement did not implicate an MH condition as a cause of duty impairment. At no time during the applicant’s military service did he require a psychiatric hospitalization or emergency care. No MH condition was diagnosed, permanently profiled or was judged to fail retention standards. There was no indication from the record that any MH condition significantly interfered with satisfactory duty performance. The SRP therefore concluded that there was insufficient evidence that any MH condition rose to the level of being unfitting at the time of separation. 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 unfit for any MH condition; and no disability rating was recommended. 5. The available evidence shows the SRP’s assessment should be accepted. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160011903 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160011903 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2