[Congressional Record Volume 155, Number 53 (Monday, March 30, 2009)]
[House]
[Page H4106]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          H.R. 1701: PTSD/TBI GUARANTEED REVIEW FOR HEROES ACT

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from North Carolina (Mr. Jones) is recognized for 5 minutes.
  Mr. JONES. Madam Speaker, almost 2 million American servicemembers 
have served our Nation in Iraq and Afghanistan. Unfortunately, many of 
these men and women are returning home with symptoms of post-traumatic 
stress disorder, PTSD, and other mental health challenges.
  In April of 2008, a study by the RAND Corporation found that nearly 
20 percent of Iraq and Afghanistan veterans have symptoms of PTSD or 
major depression. The study also found that many servicemembers do not 
seek treatment for psychological illnesses because they fear it will 
harm their careers. Of those who do seek help for PTSD or for major 
depression, the study found that only about half receive treatment that 
research has considered minimally adequate for their illnesses. If our 
government and the military fail to address problems associated with 
PTSD, the situation will only grow worse in future years.
  A sad reality is that, in many cases, these servicemembers self-
medicate with drugs or alcohol, and they get into trouble. One marine 
stationed at Camp Lejeune, in my district, has unfortunately fallen 
victim to this problem, and he is pending involuntary administrative 
separation due to misconduct. The fitness reports for this lance 
corporal prove that he was an outstanding marine prior to his 
deployments--two tours in Iraq and one in Afghanistan.
  His medical board report states, ``His service in the Marine Corps 
caused his PTSD and, indirectly, his incidents/legal problems. The 
Marine Corps' failure to treat him in the past and treat him 
appropriately . . . has done nothing but worsen the problem.'' That is 
a quote from the medical review board.
  Madam Speaker, it will be difficult for this marine to succeed in 
life if he is administratively separated from service. One, he will not 
be eligible for TRICARE benefits. Two, he will have difficulties 
obtaining a job. Thirdly, it is unlikely that a university will accept 
him as a student. This is a story of one marine, but this is not an 
isolated problem.
  As part of addressing this problem associated with PTSD, I have 
introduced H.R. 1701, the PTSD/TBI Guaranteed Review for Heroes Act. 
The legislation creates a special review board at the Department of 
Defense level for servicemembers who were less than honorably 
discharged. Separated servicemembers would be permitted to seek a 
review of their discharge if their PTSD/TBI were not taken into 
consideration. The board would then have the authority to change the 
characterization of their discharge to ``honorable.''
  For active duty servicemembers, the legislation would mandate a 
physical examination board before an administrative separation 
proceeding if the servicemember has been diagnosed with PTSD or TBI by 
a medical authority. If the servicemember is found unfit for duty, then 
the servicemember would be retired and given a disability rating. 
Otherwise, the separation board must consider the effects of PTSD and 
TBI on the servicemember's conduct.
  Madam Speaker, too many times, the same men and women who left this 
country as good soldiers and marines return with serious wounds, both 
physical and mental, and their lives are not the same. The culture 
within our branches of Service must change to recognize that PTSD is a 
real concern that must be addressed.
  I am grateful to have Representative Gene Taylor as an original 
cosponsor of H.R. 1701, and I hope that many of my colleagues will join 
us in supporting this bill and this legislation.
  Madam Speaker, before I close, I ask God to please bless our men and 
women in uniform and their families. I ask God to please bless the 
wounded and their families and to bless the families who have given a 
child who has died for freedom in Afghanistan and Iraq, and three 
times, God, I ask God to please bless our men and women in uniform, and 
please, God, continue to bless America.

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