[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2644 Introduced in Senate (IS)]
110th CONGRESS
2d Session
S. 2644
To clarify and improve information for members and former members of
the Armed Forces on upgrades of discharge, to prohibit personality
disorder discharges in cases of post-traumatic stress disorder and
traumatic brain injury, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 14, 2008
Mr. Brown introduced the following bill; which was read twice and
referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To clarify and improve information for members and former members of
the Armed Forces on upgrades of discharge, to prohibit personality
disorder discharges in cases of post-traumatic stress disorder and
traumatic brain injury, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. CLARIFICATION AND IMPROVEMENT OF INFORMATION FOR MEMBERS AND
FORMER MEMBERS OF THE ARMED FORCES ON UPGRADES OF
DISCHARGE.
(a) Required Notices.--
(1) Notice that upgrade is not automatic.--
(A) In general.--Each member of the Armed Forces
who is being considered for or processed for an
administrative or any other type of discharge shall
receive written notice that an upgrade in the
characterization of discharge will not automatically
result from review of the discharge by a board of
review under Section 1533 of title 10, United States
Code. The notice shall be dated and shall be provided
to the member at least 30 days prior to any deadline to
elect a particular characterization or type of
discharge or manner of processing.
(B) Related clarification.--The notice of discharge
issued to a member of the Armed Forces upon discharge
may not contain or include any information, references,
or other material that is inconsistent with the notice
required under subparagraph (A).
(2) Notice of right to obtain legal counsel.--
(A) In general.--The written notice required under
paragraph (1) shall also advise the member in bold
letters that the member has the right to meet with and
discuss his or her discharge options with military
legal counsel prior to electing a characterization or
type of discharge or manner of processing. The notice
must provide the name, rank, phone number, email
address, and physical address of the military legal
counsel responsible for providing legal advice to
members.
(B) Delay in processing.--Processing for the
discharge of a member of the Armed Forces cannot
proceed until the member has either met with military
legal counsel or elected in writing not to do so. A
member must be given at least 5 duty days after meeting
with military legal counsel to make an election
regarding characterization or type of discharge or
manner of processing.
(3) Acknowledgment of receipt of notice.--A member of the
Armed Forces receiving notices under paragraphs (1) and (2)
shall be required to acknowledge receipt of such notices by
placement of his or her initials or other identifying sign or
symbol next to the paragraph or paragraphs that contain such
notices. The member shall be provided with a copy of the
initialed notices, and a copy of such notices shall be retained
in any personnel or other files maintained on such member by
the Armed Forces.
(b) Enhancement of Information on Application for Upgrade of
Discharge.--Each Secretary concerned shall make available to the public
through an Internet website available to the public and by other
appropriate mechanisms, information on the means by which former
members of the Armed Forces under the jurisdiction of such Secretary
may apply for a review and upgrade of their discharge from the Armed
Forces under section 1553 of title 10, United States Code.
(c) Annual Reports on Actions by Boards of Review.--
(1) In general.--Each Secretary concerned shall, on an
annual basis, make available to the public information on the
reviews of discharge or dismissal undertaken under section 1553
of title 10, United States Code, by boards of review under the
jurisdiction of such Secretary during the preceding year. The
information shall include, for each Armed Force, the following:
(A) The number of motions for review received by
the boards of review during the year.
(B) The number of reviews conducted by the boards
of review during the year.
(C) The number of discharges upgraded as a result
of the reviews referred to in subparagraph (A), set
forth by aggregate number of discharges so upgraded and
by number of each type of discharge so upgraded.
(2) Protection of private information.--Each Secretary
concerned shall ensure that the information on reviews made
available to the public under paragraph (1) does not include
any personal information regarding the members of the Armed
Forces the discharges and dismissals of whom are the subject of
such reviews.
(d) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given that term in section
101(a) of title 10, United States Code.
SEC. 2. ENHANCEMENT OF NOTICE TO MEMBERS OF THE ARMED FORCES ON
CONSEQUENCES OF DISCHARGE STATUS FOR BENEFITS AND
SERVICES THROUGH THE FEDERAL GOVERNMENT.
(a) In General.--The Secretary of Defense shall take appropriate
actions to ensure that each member of the Armed Forces receives at the
time of discharge from the Armed Forces comprehensive information, in
writing, on the effect of the discharge status of such member on the
benefits and services available to such member through the Department
of Defense, the Department of Veterans Affairs, and any other
department or agency of the Federal Government providing benefits or
services to individuals in their status as former members of the Armed
Forces.
(b) Information on Upgrade of Discharge.--The information provided
pursuant to subsection (a) shall include the information described in
section 1(b).
SEC. 3. REQUIREMENT TO TEST MEMBERS OF THE ARMED FORCES FOR CERTAIN
INJURIES AND CONDITIONS BEFORE DISCHARGING FOR
PERSONALITY DISORDERS.
(a) Testing Requirement.--The Secretary of a military department
may not discharge from the Armed Forces for personality disorder any
member of the Armed Forces unless such member has undergone testing by
the Department of Defense for post-traumatic stress disorder, traumatic
brain injury, and any related mental health disorder or injury prior to
final action with respect to such discharge.
(b) Restrictions on Discharge for Personality Disorder.--The
Secretary of a military department may not discharge from the Armed
Forces for personality disorder a member of the Armed Forces determined
by the Secretary of Defense to suffer from post-traumatic stress
disorder, traumatic brain injury, or any related mental health disorder
or injury.
SEC. 4. WAIVER OF STATUTE OF LIMITATIONS APPLICABLE TO CERTAIN REVIEWS
OF DISCHARGES FOR PERSONALITY DISORDERS.
Section 1553(a) of title 10, United States Code, is amended--
(1) in the second sentence, by striking ``A motion or
request for review'' and inserting ``Except as provided in the
following sentence, a motion or request for review''; and
(2) by inserting after the second sentence the following:
``The Secretary of Defense shall waive the 15 year time limit
specified in the preceding sentence in the case of a motion or
request for review of a discharge for personality disorder of a
former member who has been diagnosed by the Secretary of
Veterans Affairs with post-traumatic stress disorder, traumatic
brain injury, or any related mental health disorder or
injury.''.
SEC. 5. APPLICABILITY.
Nothing in this Act or the amendments made by this Act shall be
construed to authorize or require the upgrade of a bad conduct
discharge or dishonorable discharge imposed on a member of the Armed
Forces as the result of a conviction by court-martial, unless the
conviction is overturned on appeal.
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