II 110th CONGRESS 2d Session S. 2644 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.
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.
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).
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.
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..
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.