AR20160002368

IN THE CASE OF:

BOARD DATE: 3 March 2016

DOCKET NUMBER: AR20160002368

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) Mental Health Special Review Panel (SRP).

CONSIDERATION OF EVIDENCE:

1. The PDBR SRP conducted a comprehensive review of the applicants 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 11September 2001 and 30April 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 applicants case, the SRP determined by unanimous vote that there be no change of the applicants 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 show the diagnosis of Post-traumatic Stress Disorder (PTSD) as the only diagnosis rendered during processing through the DES. The SRP agreed there were no inappropriate changes in diagnoses and therefore, determined that the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Diagnosis Review Project.

3. The SRP agreed that the Physical Evaluation Board (PEB) adjudication of not unfitting PTSD was supported by the evidence. The SRP agreed that the evidence of record showed a diagnosis of PTSD in 2007 with hospitalization in 2007. The record reflected minimal MH related symptoms at the time of separation. His last psychiatric assessment revealed that he was better with improved sleep and less irritability, a girlfriend, and future oriented plans to live in Germany. His NCO report less than a year from separation showed the highest ratings. The SRP noted that there were no psychiatric emergency visits, no active suicidal or homicidal thoughts, no legal issues, no reports of domestic violence, nor any psychiatric hospitalizations for a 24-month period prior to separation. The commanders statement did not implicate an MH condition. There were no profiled psychiatric limitations (S1). The psychiatric examination deemed the covered individual as meeting retention standards. The SRP concluded that no mental disorder, regardless of the diagnosis, rose to the level of unfitting.

4. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient cause to recommend a change in the PEB adjudication for the applicants MH condition at separation.

5. The available evidence shows the SRPs 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

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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont) AR20160002368

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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

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