[Congressional Record Volume 162, Number 82 (Tuesday, May 24, 2016)]
[Senate]
[Pages S3119-S3120]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4138. Mr. PETERS (for himself, Mr. Daines, Mr. Tillis, and Mrs.
Gillibrand) submitted an amendment intended to be proposed by him to
the bill S. 2943, to authorize appropriations for fiscal year 2017 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel
[[Page S3120]]
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
After section 536, insert the following:
SEC. 536A. TREATMENT BY DISCHARGE REVIEW BOARDS OF CLAIMS
ASSERTING POST-TRAUMATIC STRESS DISORDER OR
TRAUMATIC BRAIN INJURY IN CONNECTION WITH
COMBAT OR SEXUAL TRAUMA AS A BASIS FOR REVIEW
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 paragraph (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 liberal consideration to the
former member that post-traumatic stress disorder or
traumatic brain injury potentially 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.''.
______