I 111th CONGRESS 1st Session H. R. 1701 IN THE HOUSE OF REPRESENTATIVES March 25, 2009 Mr. Jones (for himself and Mr. Taylor) introduced the following bill; which was referred to the Committee on Armed Services A BILL 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.

1.

Short title

This Act may be cited as the PTSD/TBI Guaranteed Review For Heroes Act.

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:

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. (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. (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. (2)The review by the special review board under paragraph (1) shall be based on— (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; (B)the treatment or lack of treatment received by the covered individual for post-traumatic stress disorder or traumatic brain injury; and (C)such other evidence as may be presented to the board. (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. (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. (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. (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. (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). (e)

Regulations

(1)This section shall be carried out in accordance with regulations prescribed by the Secretary of Defense. (2)The regulations under paragraph (1) shall specify reasonable deadlines for the performance of reviews required by this section. (f)

Definitions

In this section: (1)The term covered individual means a former member of the Armed Forces who— (A)was deployed in support of a contingency operation; (B)was discharged or dismissed from the Armed Forces under a general or other than honorable condition; and (C)has been diagnosed by a health care professional with post-traumatic stress disorder or a traumatic brain injury. (2)The term health care professional means a physician, clinical psychologist, or psychiatrist. (3)The term Member of Congress has the meaning given that term in section 1130(d)(1) of this title. (4)The term service review agency has the meaning given that term in section 1559(c) of this title.

. (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: 1553a. Special review board for members with post-traumatic stress disorder or traumatic brain injury. .

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: (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— (1)shall refer the member for evaluation by a physical evaluation board under section 1222 of this title; and (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. . (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: (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— (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; and (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. .