[Congressional Record Volume 167, Number 191 (Monday, November 1, 2021)]
[Senate]
[Pages S7563-S7564]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4122. Ms. CORTEZ MASTO (for herself and Mr. Blumenthal) submitted
an amendment intended to be proposed to amendment SA 3867 submitted by
Mr. Reed and intended to be proposed to the bill H.R. 4350, to
authorize appropriations for fiscal year 2022 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, 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 B of title V, add the following:
[[Page S7564]]
SEC. 520B. CONTACT OF ELIGIBLE MEMBERS FOR THE REVIEW AND
CORRECTION OF MILITARY RECORDS.
(a) In General.--The Secretary of Defense shall conduct a
search in accordance with subsection (b) to identify the
current address of each former member of the Armed Forces who
meets the following criteria:
(1) Served as a member of the Armed Forces on or after
October 7, 2001.
(2) Was discharged with a service characterization that was
less than honorable discharge, excluding a bad conduct
discharge or dishonorable discharge.
(3) Has not received an upgrade of discharge to honorable
discharge.
(b) Resources to Conduct Search.--To identify the current
addresses of former members of the Armed Forces who meet the
criteria under subsection (a), the Secretary of Defense shall
access public record databases, including--
(1) LexisNexis Public Records;
(2) PeopleMap on Thomson Reuters Westlaw;
(3) OPENonline; and
(4) any other public record database as determined by the
Secretary of Defense.
(c) Contact of Eligible Members.--The Secretary of Defense
shall--
(1) prepare a universal notice that includes--
(A) a description of the process for a former member to
apply for a discharge upgrade or otherwise correct their
military record;
(B) a list of resources through which a former member may
receive assistance in completing or submitting the
application;
(C) a summary of any recent statutory amendments and agency
guidance that--
(i) require any board established under section 1552(a)(1)
of title 10, United States Code, to grant liberal
consideration to applications involving post-traumatic stress
disorder, traumatic brain injury, military sexual trauma, and
other behavioral health conditions; and
(ii) permit discharge upgrades to former members discharged
under section 654 of title 10, United States Code, as in
effect before such section was repealed pursuant to the Don't
Ask, Don't Tell Repeal Act of 2010 (Public Law 111-321);
(D) a description of the medical evidence that a former
member may provide to a board to support an application,
noting that such evidence may include--
(i) a medical diagnosis of post-traumatic stress disorder,
traumatic brain injury, or other behavioral health issues;
(ii) documentation by a medical professional or licensed
social worker of symptoms of post-traumatic stress disorder,
traumatic brain injury, military sexual trauma, or other
behavioral health issues; and
(iii) letters describing behavioral changes or symptoms of
post-traumatic stress disorder, traumatic brain injury, and
other behavior health issues of the former member witnessed
by family members of the former member or other individuals;
and
(E) information on the process for a former member to
obtain treatment or a medical health evaluations from the
Department of Veterans Affairs; and
(2) take measures to provide the universal notice required
under paragraph (1) to each former member of the Armed Forces
who meets the criteria under subsection (a).
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