H.R. 1701 would amend title 10, United States Code, to direct the Secretary of Defense to establish a special review board for certain former members of the Armed Forces with post-traumatic stress disorder or a traumatic brain injury.
Detailed Summary
PTSD/TBI Guaranteed Review for Heroes Act - Directs the Secretary of Defense to establish a special review board to review the discharge or dismissal (other than one by a sentence of a general court-martial) of a member of the Armed Forces who: (1) was deployed in support of a contingency operation; (2) was discharged or dismissed under a general or other than honorable condition; and (3) has been diagnosed by a health care professional with post-traumatic stress disorder (PTSD) or a traumatic brain injury (TBI). Authorizes the board to undertake a review upon the request of the individual, their surviving spouse, next of kin, or legal representative, or a Member of Congress. Requires a review request to be made within 15 years of a discharge or dismissal.
Authorizes the board, after a review, to change the discharge or dismissal of the individual to honorable. Requires the Secretary of the military department concerned to correct the military records of the individual in accordance with such change.
Requires, if an appropriate health care official determines in an examination that a member who was deployed in support of a contingency operation has (or may have) PTSD or a TBI, the Secretary concerned to: (1) refer the member for an evaluation by a physical evaluation board; and (2) not separate the member until after considering the results of the evaluation.
Status of the Legislation
Latest Major Action: 4/27/2009: Referred to House subcommittee. Status: Referred to the Subcommittee on Military Personnel.
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