Proposed Legislation

Returning Warrior Mental Health Protection Act

Purposes:

  1. To effectively identify service members in pschological/nuero-psychological crisis upon return from a combat zone.
  2. To provide a means by which returning warriors exhibiting signs of post-combat stress or traumatic brain injury (TBI) can receive the comprehensive health care, treatment, and evaluation before their behavior escalates to the point of involuntary separation from the military.
  3. To create uniformity among military units in the management of service members engaging in misconduct or otherwise exhibiting signs of mental health distress upon return from a combat zone.

Definitions

  1. Military mental health provider -- anyone licensed to provide mental health care and recognized by the Commander of the military treatment facility (MTF) as capable of administering such care.
  2. Serious misconduct -- any misconduct that resulted in conviction by a Special or General Court Martial.

Post-deployment Misconduct

  1. If a service member engages in misconduct within two years upon his or her return from a combat zone AND has no history of serious misconduct prior to his or her deployment, the Commander shall suspend disciplinary action and/or administrative discharge pending the following:
  1. Service member must undergo a comprehensive mental health evaluation (regardless of whether he or she has had one in the past) and a TBI screening (including MRI or CT scan of the brain) and be given 60 days to participate in any recommended programs offered by the MTF or otherwise recommended by the mental health provider.
  2. Upon completion of the initial mental health evaluation and recommendation by a military mental health provider, the service member will be given the option of continuing with treatment and/or care at the MTF or an approved civilian mental health provider for up to 180 days (from the date of the referral).
  3. Should the service member refuse consent to treatment or care, the Commander shall have the option of resuming disciplinary action.

Referral to Warrior Transition Unit

  1. Upon recommendation of a military psychiatrist and agreement by the service member, the service member must be released from his or her current unit and transferred to the WTU for further care, treatment, and evaluation.
  2. Any pending or suspended disciplinary actions and/or other charges may be forwarded for disposition by the WTU Commander

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