HR 6574 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 6574CommentsClose CommentsPermalink

To amend title 10, United States Code, to require a review of the separation of members of the Armed Forces on the basis of a mental condition not amounting to disability, including separation on the basis of a personality or adjustment disorder.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

October 12, 2012CommentsClose CommentsPermalink

Mr. WALZ of Minnesota (for himself, Mr. ROONEY, Mr. DENHAM, and Ms. PINGREE of Maine) introduced the following bill; which was referred to the Committee on Armed ServicesCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To amend title 10, United States Code, to require a review of the separation of members of the Armed Forces on the basis of a mental condition not amounting to disability, including separation on the basis of a personality or adjustment disorder.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 ‘Servicemember Mental Health Review Act’.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

(1) Since September 11, 2001, approximately 30,000 veterans have been separated from the Armed Forces on the basis of a personality disorder or adjustment disorder.CommentsClose CommentsPermalink





(2) Nearly all veterans who are separated on the basis of a personality or adjustment disorder are prohibited from accessing service-connected disability compensation, disability severance pay, and disability retirement pay.CommentsClose CommentsPermalink





(3) Many veterans who are separated on the basis of a personality or adjustment disorder are unable to find employment because of the ‘personality disorder’ or ‘adjustment disorder’ label on their Certificate of Release or Discharge from Active Duty.CommentsClose CommentsPermalink





(4) The Government Accountability Office has found that the regulatory compliance of the Department of Defense in separating members of the Armed Forces on the basis of a personality or adjustment disorder was as low as 40 percent between 2001 and 2007.CommentsClose CommentsPermalink





(5) The establishment of a Mental Health Discharge Board of Review to review the separation of veterans who are separated on the basis of a personality or adjustment disorder is warranted to ensure that any veteran wrongly separated on such basis will have the ability to access disability benefits and employment opportunities available to veterans.CommentsClose CommentsPermalink

SEC. 3. DEPARTMENT OF DEFENSE REVIEW OF MILITARY SEPARATION ON BASIS OF A MENTAL CONDITION NOT AMOUNTING TO DISABILITY.

(a) Review Required- Chapter 79 of title 10, United States Code, is amended by inserting after section 1554a the following new section:CommentsClose CommentsPermalink

‘Sec. 1554b. Review of separation on basis of mental condition not amounting to disability

‘(a) In General- (1) The Secretary of Defense shall oversee the establishment within the Office of the Secretary of each military department a board of review to review determinations previously made that covered individuals separated from the armed forces have a mental condition not amounting to disability. The board of each military department shall be known as the ‘Mental Health Discharge Board of Review’.CommentsClose CommentsPermalink





‘(2) Each Mental Health Discharge Board of Review shall consist of not less than five members appointed by the Secretary. At least one licensed psychologist and one licensed psychiatrist who has not had any fiduciary responsibility to the Department of Defense since December 31, 2001, shall be appointed to the board.CommentsClose CommentsPermalink





‘(3) The Secretary of a military department shall equip the Mental Health Discharge Board of Review established for that department with adequate administrative and behavioral health support staff.CommentsClose CommentsPermalink





‘(b) Covered Individuals- For purposes of this section, covered individuals are members and former members of the armed forces who have been separated from the armed forces since September 11, 2001, because of unfitness for duty because of a mental condition not amounting to disability, including separation on the basis of a personality disorder or adjustment disorder.CommentsClose CommentsPermalink





‘(c) Notification of Availability of Review- (1) The Secretary of Defense shall ensure, to the greatest extent practicable, that each covered individual receives oral and written notification of the right of the covered individual to the review by the appropriate Mental Health Discharge Board of Review of the separation of the covered individual from the armed forces.CommentsClose CommentsPermalink





‘(2) The Secretary of the military department with jurisdiction over the armed force in which a covered individual served immediately before separation shall be responsible for providing to the covered individual the notification required by this subsection. The Secretary of Defense shall monitor compliance with this notification requirement and promptly notify Congress of any failures to comply.CommentsClose CommentsPermalink





‘(3) If a covered individual does not receive notification under this subsection, the covered individual or a surviving spouse, next of kin, or legal representative of the covered individual may file a request for the Mental Health Discharge Board of Review to review the separation of the covered individual from the armed forces.CommentsClose CommentsPermalink





‘(d) Legal Counsel- The notification required by subsection (c) shall--CommentsClose CommentsPermalink





‘(1) inform the covered individual of the right to obtain private counsel to represent the covered individual before the Mental Health Discharge Board of Review; andCommentsClose CommentsPermalink





‘(2) include a list of organizations that may provide counsel at no cost to the covered individual.CommentsClose CommentsPermalink





‘(e) Review- (1) For each covered individual, the Mental Health Discharge Board of Review shall review--CommentsClose CommentsPermalink





‘(A) the findings of the psychologist or psychiatrist of the Department of Defense who diagnosed the mental condition;CommentsClose CommentsPermalink





‘(B) the findings and decisions of the separation authority with respect to the covered individual; andCommentsClose CommentsPermalink





‘(C) whether the separation authority correctly followed the process for separation as set forth in law, including regulations.CommentsClose CommentsPermalink





‘(2) The review by the Mental Health Discharge Board of Review under paragraph (1) shall be based on the records of the Department of Defense and the Department of Veterans Affairs and such other evidence as may be presented to the Mental Health Discharge Board of Review. The board shall consider any and all evidence to be considered, including private mental health records submitted by the covered individual in support of the claim.CommentsClose CommentsPermalink





‘(3) If the Mental Health Discharge Board of Review proposes, upon its own motion, to conduct a review under paragraph (1) with respect to a covered individual, the Mental Health Discharge Board of Review shall notify the covered individual, or a surviving spouse, next of kin, or legal representative of the covered individual, of the proposed review and obtain the consent of the covered individual or a surviving spouse, next of kin, or legal representative of the covered individual before proceeding with the review.CommentsClose CommentsPermalink





‘(4) After the Mental Health Discharge Board of Review has completed the review under this subsection with respect to the separation of a covered individual, the board must provide the claimant with a statement of reasons concerning the board’s decision. The covered individual has the right to raise with the board a motion for reconsideration if new evidence can be presented that would address the issues raised in the board’s statement of reasons.CommentsClose CommentsPermalink





‘(f) Authorized Recommendations- The Mental Health Discharge Board of Review may, as a result of its findings in a review under subsection (e), recommend to the Secretary of the military department concerned the following (as applicable) with respect to a covered individual:CommentsClose CommentsPermalink





‘(1) No negative recharacterization of the separation of such individual or modification of the disability rating previously assigned such individual.CommentsClose CommentsPermalink





‘(2) The recharacterization of the separation of such individual to retirement for disability.CommentsClose CommentsPermalink





‘(3) The recharacterization of the separation of such individual--CommentsClose CommentsPermalink





‘(A) to separation for disability with entitlement to receive severance pay;CommentsClose CommentsPermalink





‘(B) to separation upon expiration of term of service; orCommentsClose CommentsPermalink





‘(C) to separation for convenience of the Government.CommentsClose CommentsPermalink





‘(4) The issuance of a new disability rating for such individual.CommentsClose CommentsPermalink





‘(g) Compliance With Administrative Procedure Act Transparency Requirement- If the Mental Health Discharge Board of Review does not recommend under subsection (f)(2) a recharacterization of the separation of a covered individual to retirement for disability, the Mental Health Discharge Board of Review shall include a brief statement of the reasons why such a recommendation was not made. The recommendation and, if applicable, the brief statement shall be mailed to the covered individual or a surviving spouse, next of kin, or legal representative of the covered individual.CommentsClose CommentsPermalink





‘(h) Correction of Military Records- (1) The Secretary of the military department concerned shall correct the military records of a covered individual in accordance with the recommendation made by the Mental Health Discharge Board of Review under subsection (f). Any such correction shall be made effective as of the date of the separation of the covered individual.CommentsClose CommentsPermalink





‘(2) In the case of a covered individual previously separated with a lump-sum or other payment of back pay and allowances at separation, the amount of pay or other monetary benefits to which such individual would be entitled based on the individual’s military record as corrected shall be reduced to take into account receipt of such lump-sum or other payment in such manner as the Secretary of the military department concerned considers appropriate.CommentsClose CommentsPermalink





‘(i) 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





(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1554a the following new item:CommentsClose CommentsPermalink





‘1554b. Review of separation on basis of mental condition not amounting to disability.’.CommentsClose CommentsPermalink





(c) Implementation- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall require the establishment of the Mental Health Discharge Boards of Review required under section 1554b of title 10, United States Code, as added by subsection (a) and prescribe the regulations required by subsection (i) of such section.CommentsClose CommentsPermalink