BOARD DATE: 12 January 2017 DOCKET NUMBER: AR20160018063 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 BOARD DATE: 12 January 2017 DOCKET NUMBER: AR20160018063 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. BOARD DATE: 12 January 2017 DOCKET NUMBER: AR20160018063 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 a 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 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 should 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 shows the Medical Evaluation Board (MEB) diagnosis of major depressive disorder (MDD) and a provisional diagnosis of Post-Traumatic Stress Disorder (PTSD) and the Department of Veterans Affairs (VA) diagnosis of adjustment disorder with depressed mood were rendered during the DES process. The narrative summary examination concluded that the final diagnosis was MDD which was forwarded by the MEB and 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 concluded that the preponderance of evidence did not support a diagnosis of PTSD at the time of Temporary Disability Retired List (TDRL) placement (no clear evidence of criteria A). The SRP agreed that the PEB’s initial adjudication of not unfitting MDD was supported by the evidence. The applicant received a final S2 profile and was returned to duty. The commander’s statement referenced only the applicant’s physical condition as impacting his ability to perform the duties of his military occupational specialty and never referenced the negative influence of a mental condition on his performance. The SRP agreed that the MDD condition was unfitting at the time of TDRL removal and that Chapter 61 of 10 U.S.C. DOD Instruction 1332.38, E3.P6.2.4.3) was appropriately applied because the MDD condition was not unfitting at the time of TDRL placement; was not caused by, related to, or directly related to treatments associated with the unfitting non-MH conditions for which the applicant was placed on TDRL. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160018063 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160018063 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2