[Congressional Record Volume 161, Number 89 (Thursday, June 4, 2015)]
[Senate]
[Page S3823]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1748. Mr. PETERS submitted an amendment intended to be proposed to 
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to 
authorize appropriations for fiscal year 2016 for military activities 
of the Department of Defense and for military construction, to 
prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle C of title V, add the following:

     SEC. 524. 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 presumption of administrative 
     irregularity and place the burden on the Secretary concerned 
     to prove, by a preponderance of the evidence, that no error 
     or injustice occurred.
       ``(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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