[Congressional Record Volume 162, Number 84 (Thursday, May 26, 2016)]
[Senate]
[Pages S3258-S3259]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  NATIONAL DEFENSE AUTHORIZATION BILL

  Mr. PETERS. Mr. President, I rise today to speak in support of the 
Peters amendment No. 4138 to the National Defense Authorization Act. I 
would like to thank my colleagues, Senators Daines, Tillis, and 
Gillibrand, for joining me in filing this important bipartisan 
amendment.
  We are a nation that takes care of our own, and we owe our veterans 
the highest possible level of care and support. The United States is 
home to over 2.6 million post-9/11 veterans--a number that is expected 
to increase by 46 percent by 2019. The improvements in medical 
technology have saved the lives of wounded warriors, who will receive 
the benefits and care these heroes deserve.
  While scars, lost limbs, and other injuries are readily apparent to 
the eye, there are thousands of veterans coping with the invisible 
wounds of war. We have far too many servicemembers who are suffering 
from trauma-related to conditions such as post-traumatic stress 
disorder or traumatic brain injury. Unfortunately, many of these

[[Page S3259]]

have received a less-than-honorable discharge, also known as a bad 
paper discharge. These former servicemembers often receive bad paper 
discharges for minor misconduct--the same type of misconduct that is 
often linked to behavior seen in those suffering from PTSD, TBI, and 
other trauma-related conditions.
  The effects of traumatic brain injury can include cognitive problems, 
including headaches, memory issues, difficulty thinking, and attention 
deficits. It is not difficult to see how these effects could lead to 
behaviors like being late to a formation or missing scheduled 
appointments--behaviors that can be the basis for a bad papers 
discharge.
  In addition to combat-sustained injuries, PTSD and TBI can also be 
the result of military sexual trauma. Bad paper discharges make former 
servicemembers who are suffering from service-connected conditions 
ineligible for a number of benefits that they need the most. This 
includes GI benefits and VA home loans which they otherwise would have 
earned and which can significantly help them transition to civilian 
life. These discharges also put these servicemembers at risk of losing 
access to VA health care and veteran homelessness prevention programs.
  This is completely unacceptable. We have a responsibility to treat 
those who serve their country with dignity, respect, and compassion.
  Last year I introduced the Fairness for Veterans Act, which will help 
provide these servicemembers with a path toward obtaining these 
critical benefits. The Peters-Daines-Tillis-Gillibrand amendment is a 
modified version of this bill.
  This amendment builds upon the policy guidance issued by former 
Defense Secretary and Vietnam veteran Chuck Hagel. The 2004 Hagel memo 
instructed liberal consideration to be given when reviewing discharge 
status upgrade petitions for PTSD-related cases at the military 
department boards for correction of military and naval records. The 
Peters amendment would codify the commonsense principles of the Hagel 
memo, ensuring that liberal consideration will be given to petitions 
for changes in characterization of service related to PTSD or TBI 
before discharge review boards.
  In addition to codifying the Hagel memo at the discharge review 
boards, the Peters amendment clarifies that PTSD or TBI claims that are 
related to military sexual trauma are also included.
  Our bipartisan amendment is supported by a number of veteran service 
organizations, including Iraq and Afghanistan Veterans of America, 
Disabled Veterans of America, Military Officers Association of America, 
the American Legion, Paralyzed Veterans of America, and Vietnam 
Veterans of America.
  We also have bipartisan support in the House of Representatives, and 
I appreciate the work being done by Representatives Mike Coffman of 
Colorado and Tim Walz of Minnesota, who have introduced a companion 
stand-alone bill in the House and are supportive of this amendment.
  Servicemembers who were subject to a bad paper discharge and are 
coping with wounds inflicted during their service should not lose 
access to benefits they have rightfully earned. That is why we must 
ensure that they get the fair process they deserve when petitioning for 
a change in characterization of their discharge. Peters amendment No. 
4138 will do just that. This is not a Democratic issue or a Republican 
issue; this is about doing what is right and about taking care of our 
own.
  I appreciate Chairman McCain's and Ranking Member Reed's leadership 
on the National Defense Authorization Act, and I look forward to 
continuing to work with them on this critical issue. I hope to see a 
vote on the Peters amendment No. 4138 as we continue the work on the 
NDAA, and I urge my colleagues to join us in fighting on behalf of our 
Nation's servicemembers.
  Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER (Mr. Cassidy). The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. HATCH. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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