SAMR-RB 13 February 2017 MEMORANDUM FOR Director, U.S. Army Physical Disability Agency (AHRC-DO), 2900 Crystal Drive, 3rd Floor, Arlington, VA 22202 SUBJECT: Army Board for Correction of Military Records Record of Proceedings for AR20160018593 1. Reference the attached Army Board for Correction of Military Records Record of Proceedings, dated 31 January 2017, in which the Board members unanimously recommended denial of the applicant's request. 2. I have reviewed the findings, conclusions, and Board member recommendations. I find there is sufficient evidence to grant relief. Therefore, under the authority of Title 10, United States Code, section 1552, I direct that all Department of the Army Records of the individual concerned be corrected by modifying his prior separation to reflect that the applicant was placed on the TDRL at 50% rather than 10% IAW Section 4.129 and DoD direction. 3. Request necessary administrative action be taken to effect the correction of records as indicated no later than 13 June 2017. Further, request that the individual concerned and counsel, if any, as well as any Members of Congress who have shown interest be advised of the correction and that the Army Board for Correction of Military Records be furnished a copy of the correspondence. BY ORDER OF THE SECRETARY OF THE ARMY: l BOARD DATE: 31 January 2017 DOCKET NUMBER: AR20160018593 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: 31 January 2017 DOCKET NUMBER: AR20160018593 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: 31 January 2017 DOCKET NUMBER: AR20160018593 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 AND CONCLUSIONS: 1. After a comprehensive review of the applicant’s case, the SRP recommended by unanimous vote that no change in the applicant’s unfitting condition diagnosis, and that his prior separation be modified to reflect that he was placed on the Temporary Disability Retired List (TDRL) at 50 percent rather than 10 percent in accordance with the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129 and DOD Direction. 2. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the military Integrated Disability Evaluation System (IDES). The evidence in the available records show the diagnosis of post-traumatic stress disorder (PTSD) as the only MH diagnosis rendered during processing through the Disability Evaluation System (DES). The SRP agreed the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Diagnosis Review Project. 3. The SRP agreed the physical evaluation board (PEB) adjudication of unfitting PTSD was supported by the evidence. The applicant appeared to have fully met the Diagnostic and Statistical Manual for Mental Disorders, Fourth Edition (DSM-IV), Text Revision (TR) diagnostic criteria for PTSD, therefore, the diagnosis of PTSD was the appropriate diagnosis. As noted, the PEB placed the applicant on the TDRL with 10 percent for PTSD. 4. The SRP in compliance with the provisions of VASRD Section 4.129 (mental disorders due to traumatic stress) noted the provision was applicable in this case and therefore, must assign a disability rating of not less than 50 percent for an initial period of 6 months following separation, with subsequent fitness and ratings based on the applicable evidence. The SRP considered if there was evidence for a Section 4.130 rating higher than 50 percent. 5. The higher 70 percent rating was for "Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood." Available treatment records at the time leading up to TDRL placement recorded no history of suicidal ideation, no psychiatric hospitalization, no recorded panic attacks and no evidence of impairment in judgment or thinking. His mental status exam and the MH narrative summary (NARSUM) was unremarkable, and his occupational and social impairment was considered mild. The SRP considered the evidence of record and did not support a rating higher than 50 percent at TDRL placement, and therefore, there was insufficient reasonable doubt (in accordance with VASRD Section 4.3) for recommending a 70 percent TDRL placement rating. 6. After due deliberation in consideration of the preponderance of the evidence, and mindful of VASRD Section 4.3 (reasonable doubt), the SRP recommended a disability rating of 50 percent for the PTSD condition at TDRL placement. TDRL removal information was not available to recommend a rating at permanent separation. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160018593 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160018593 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2