Sec. 4. Correction of military records and discharge review for certain former members whose narrative reason for discharge was wrongfully described as personality disorder
638 words·~3 min read·
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Section 1552 of title 10, United States Code, is amended— by redesignating subsections
(i)and
(j)as subsections
(j)and (k), respectively; and by inserting after subsection
(h)the following new subsection (i): This subsection applies to a former member of the Armed Forces who is a military sexual trauma survivor and suffers from post-traumatic stress disorder or traumatic brain injury and whose claim under this section is for review of the narrative reason for discharge of the former member as personality disorder, borderline personal disorder, or a related non-disability mental condition (NDMC). A claimant under this subsection shall support the claim with documentation or other evidence from a psychiatrist, psychologist, or other competent health care professional that the claimant does not have the disorder providing the narrative reason for the claimant's discharge. In the case of a claimant described in paragraph (1), a board established under subsection
(a)shall— review and give liberal consideration to the documentation or evidence of the claimant under paragraph (2); and if the board determines that the claimant does not have the disorder, correct the military records of the claimant to provide a narrative reason for the claimant's discharge as Secretarial Authority (or similar authority available at the time of the claimant's discharge if before the recognition of Secretarial Authority) or such other narrative reason (other than the disorder) as the board considers appropriate. . Section 1553 of such title is amended— by redesignating subsection
(f)as subsection (g); and by inserting after subsection
(e)the following new subsection (f): In the case of a former member of the Armed Forces who is a military sexual trauma survivor and suffers from post-traumatic stress disorder or traumatic brain injury and whose narrative reason for discharge or dismissal was personality disorder, borderline personality disorder, or a related non-disability mental condition
(NDMC)and who submits to a board established under this section documentation or other evidence from a psychiatrist, psychologist, or other competent health care professional that the former member does not have the disorder providing the narrative reason for the former member's discharge or dismissal, the board shall— review and give liberal consideration to the documentation or evidence submitted by the former member; and if the board determines that the former member does not have the disorder, change the narrative reason for the former member's discharge or dismissal to Secretarial Authority or such other narrative reason (other than the disorder) as the board considers appropriate. . Not later than 270 days after the date of the enactment of this Act, and annually thereafter for the next four years, each Secretary concerned shall submit to Congress a report on the activities of boards for the correction of military records under subsection
(i)of section 1552 of title 10, United States Code (as amended by subsection
(a)of this section), and of discharge review boards under subsection
(f)of section 1553 of title 10, United States Code (as amended by subsection
(b)of this section), under the jurisdiction of such Secretary during the one-year period ending on the date of such report. Each report shall include the following: For the period covered by such report: The number of claims submitted under such subsection
(i)to boards for the correction of military records under the jurisdiction of such Secretary, and the number of claims for which relief was granted. The number of claims submitted under such subsection
(f)to discharge review boards under the jurisdiction of such Secretary, and the number of claims for which relief was granted. Such recommendations for administrative action or legislative action in connection with the activities of such boards under such subsections
(i)and
(f)as such Secretary considers appropriate. In this subsection, the term Secretary concerned has the meaning given that term in section 101(a)(9) of title 10, United States Code.