[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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