HR 1701 IHCommentsClose CommentsPermalink

To amend title 10, United States Code, to direct the Secretary of Defense to establish a special review board for certain former members of the Armed Forces with post-traumatic stress disorder or a traumatic brain injury, and for other purposes.CommentsClose CommentsPermalink

March 25, 2009CommentsClose CommentsPermalink

Mr. JONES (for himself and Mr. TAYLOR) introduced the following bill; which was referred to the Committee on Armed ServicesCommentsClose CommentsPermalink

To amend title 10, United States Code, to direct the Secretary of Defense to establish a special review board for certain former members of the Armed Forces with post-traumatic stress disorder or a traumatic brain injury, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘PTSD/TBI Guaranteed Review For Heroes Act’.CommentsClose CommentsPermalink

SEC. 2. SPECIAL REVIEW BOARD.

(a) In General- Chapter 79 of title 10, United States Code, is amended by inserting after section 1553 the following new section:CommentsClose CommentsPermalink

‘Sec. 1553a. Special review board for former members with post-traumatic stress disorder or traumatic brain injury

‘(a) Establishment- (1) The Secretary of Defense shall establish within the Office of the Secretary of Defense a board of review to review the discharge or dismissal (other than a discharge or dismissal by sentence of a general court-martial) of a covered individual. The board shall be known as the ‘special review board’.CommentsClose CommentsPermalink





‘(2) The special review board shall consist of not fewer than five members, at least one of whom shall be a health care professional from a field of medicine relevant to the matter being reviewed.CommentsClose CommentsPermalink





‘(b) Review- (1) Upon the request of a covered individual, Member of Congress, or the surviving spouse, next of kin, or legal representative of a covered individual, the special review board may review the discharge or dismissal of the individual. A request for review shall be made not later than 15 years after the discharge or dismissal.CommentsClose CommentsPermalink





‘(2) The review by the special review board under paragraph (1) shall be based on--CommentsClose CommentsPermalink





‘(A) the records of the Armed Force concerned, including an evaluation of the actions of the covered individual before and after a deployment in support of a contingency operation;CommentsClose CommentsPermalink





‘(B) the treatment or lack of treatment received by the covered individual for post-traumatic stress disorder or traumatic brain injury; andCommentsClose CommentsPermalink





‘(C) such other evidence as may be presented to the board.CommentsClose CommentsPermalink





‘(3) A covered individual who requests a review under this section may appear before the board in person or by counsel or an accredited representative of an organization recognized by the Secretary of Veterans Affairs under chapter 59 of title 38.CommentsClose CommentsPermalink





‘(4) If the special review board reviews the discharge or dismissal of a covered individual, a service review agency may not review such discharge or dismissal.CommentsClose CommentsPermalink





‘(5) If a Member of Congress requests the review of a covered individual under paragraph (1) and the special review board denies such request or does not change the discharge or dismissal of such individual under subsection (c), the special review board shall notify such Member of Congress of the decision and the rationale for such decision.CommentsClose CommentsPermalink





‘(c) Actions- As the result of a review of a covered individual under subsection (b), the special review board may change the discharge or dismissal of the individual to honorable.CommentsClose CommentsPermalink





‘(d) Correction of Records- The Secretary concerned shall correct the military records of a covered individual in accordance with a change made by the special review board under subsection (c).CommentsClose CommentsPermalink





‘(e) Regulations- (1) This section shall be carried out in accordance with regulations prescribed by the Secretary of Defense.CommentsClose CommentsPermalink





‘(2) The regulations under paragraph (1) shall specify reasonable deadlines for the performance of reviews required by this section.CommentsClose CommentsPermalink





‘(f) Definitions- In this section:CommentsClose CommentsPermalink





‘(1) The term ‘covered individual’ means a former member of the Armed Forces who--CommentsClose CommentsPermalink





‘(A) was deployed in support of a contingency operation;CommentsClose CommentsPermalink





‘(B) was discharged or dismissed from the Armed Forces under a general or other than honorable condition; andCommentsClose CommentsPermalink





‘(C) has been diagnosed by a health care professional with post-traumatic stress disorder or a traumatic brain injury.CommentsClose CommentsPermalink





‘(2) The term ‘health care professional’ means a physician, clinical psychologist, or psychiatrist.CommentsClose CommentsPermalink





‘(3) The term ‘Member of Congress’ has the meaning given that term in section 1130(d)(1) of this title.CommentsClose CommentsPermalink





‘(4) The term ‘service review agency’ has the meaning given that term in section 1559(c) of this title.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections at the beginning of chapter 79 of title 10, United States Code, is amended by inserting after the item relating to section 1553 the following new item:CommentsClose CommentsPermalink





‘1553a. Special review board for members with post-traumatic stress disorder or traumatic brain injury.’.CommentsClose CommentsPermalink

SEC. 3. EXAMINATION AND EVALUATION OF MEMBERS WITH POST-TRAUMATIC STRESS DISORDER OR TRAUMATIC BRAIN INJURY.

(a) Referral to Physical Evaluation Board; Limits on Separation- Section 1145(a)(4) of title 10, United States Code, is amended by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





‘(C) If a physician, clinical psychologist, psychiatrist, or other appropriate health care professional determines in an examination under this paragraph that a member who was deployed in support of a contingency operation has (or may have) post-traumatic stress disorder or a traumatic brain injury, the Secretary concerned--CommentsClose CommentsPermalink





‘(1) shall refer the member for evaluation by a physical evaluation board under section 1222 of this title; andCommentsClose CommentsPermalink





‘(2) may not separate the member from an Armed Force until the Secretary considers the results of the evaluation as provided in subsection (d) of such section.’.CommentsClose CommentsPermalink





(b) Evaluation by Physical Evaluation Board- Section 1222 of title 10, United States Code, is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(d) Evaluation for Post-Traumatic Stress Disorder or Traumatic Brain Injury- With respect to a member who is referred under section 1145(a)(4)(C) of this title to a physical evaluation board for evaluation--CommentsClose CommentsPermalink





‘(1) if the board determines that the member is unfit to perform the duties of the member’s office, grade, rank, or rating because of post-traumatic stress disorder or traumatic brain injury, the Secretary concerned shall retire or separate the member pursuant to this chapter; andCommentsClose CommentsPermalink





‘(2) if the board determines that the member is fit to perform the duties of the member’s office, grade, rank, or rating, the Secretary concerned shall take into account the findings of the board in the course of any separation of the member from an Armed Force.’.CommentsClose CommentsPermalink