[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4683 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 4683

 To amend title 10, United States Code, to provide for a review of the 
    characterization or terms of discharge from the Armed Forces of 
  individuals with mental health disorders alleged to affect terms of 
                               discharge.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 3, 2016

Mr. Coffman (for himself, Mr. Walz, Mr. Zeldin, Miss Rice of New York, 
 Mr. King of New York, Mr. Jones, Mr. Russell, Mr. Zinke, Mr. Moulton, 
 Ms. Duckworth, Mr. Murphy of Florida, and Mr. Gallego) introduced the 
 following bill; which was referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
 To amend title 10, United States Code, to provide for a review of the 
    characterization or terms of discharge from the Armed Forces of 
  individuals with mental health disorders alleged to affect terms of 
                               discharge.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fairness for Veterans Act of 2016''.

SEC. 2. REVIEW OF CHARACTERIZATION OR TERMS OF DISCHARGE FROM THE ARMED 
              FORCES OF INDIVIDUALS WITH MENTAL HEALTH DISORDERS 
              ALLEGED TO AFFECT TERMS OF DISCHARGE.

    Section 1553(d) of title 10, United States Code, is amended by 
adding at the end the following new paragraph:
    ``(3)(A) In addition to the requirements of paragraphs (1) and (2), 
in the case of a former member described in subparagraph (B), the board 
shall--
            ``(i) review medical evidence of the Secretary of Veterans 
        Affairs or a civilian health care provider that is presented by 
        the former member; and
            ``(ii) review the case with a rebuttable presumption in 
        favor of the former member that post-traumatic stress disorder 
        or traumatic brain injury materially contributed to the 
        circumstances resulting in the discharge of a lesser 
        characterization.
    ``(B) A former member described in this subparagraph is a former 
member described in paragraph (1) or a former member whose application 
for relief is based in whole or in part on matters relating to post-
traumatic stress disorder or traumatic brain injury as supporting 
rationale or as justification for priority consideration whose post-
traumatic stress disorder or traumatic brain injury is related to 
combat or military sexual trauma, as determined by the Secretary 
concerned.''.
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