News on Personality Disorder Discharges

--------------------------------------------------------------------------------

Col. Dan,

As you know, there have been numerous cases of pre-existing personality disorder discharges. I was glad to see this email that I received this morning and wanted to pass it along:

GA Committee: Just received confirmation from Senator Feingold's office that H.R. 4986, The FY 2008 National Defense Authorization Act, did, indeed, include S. 1817 (H.R. 3167), Proper Administration of the Discharge of Members of the Armed Forces for Personality Disorder. S. 1817 was offered as an amendment to both H.R. 1585 and H.R. 4986 by Senator Obama, and it was accepted by unanimous consent. It appeared in both the vetoed H.R. 1585 and the signed H.R. 4986 as Section 597. Therefore it is now law. Note that in Parts (a) (2) (C) and (D), it mandates policies and measures prohibiting discharges for personality disorder and that those "who may have been so separated from the Armed Forces should be provided with expedited review by the applicable board for the correction of military records."

Ron Scott, Chair

SEC. 597. REPORTS ON ADMINISTRATIVE SEPARATIONS OF MEMBERS OF THE ARMED FORCES FOR PERSONALITY DISORDER.
(a) Secretary of Defense Report on Administrative Separations Based on Personality Disorder-
(1) REPORT REQUIRED- Not later than April 1, 2008, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on all cases of administrative separation from the Armed Forces of covered members of the Armed Forces on the basis of a personality disorder.
(2) ELEMENTS- The report required by paragraph (1) shall include the following:
(A) A statement of the total number of cases, by Armed Force, in which covered members of the Armed Forces have been separated from the Armed Forces on the basis of a personality disorder, and an identification of the various forms of personality disorder forming the basis for such separations.
(B) A statement of the total number of cases, by Armed Force, in which covered members of the Armed Forces who have served in Iraq and Afghanistan since October 2001 have been separated from the Armed Forces on the basis of a personality disorder, and the identification of the various forms of personality disorder forming the basis for such separations.
(C) A summary of the policies, by Armed Force, controlling administrative separations of members of the Armed Forces based on personality disorder, and an evaluation of the adequacy of such policies for ensuring that covered members of the Armed Forces who may be eligible for disability evaluation due to mental health conditions are not separated from the Armed Forces on the basis of a personality disorder.
(D) A discussion of measures being implemented to ensure that members of the Armed Forces who should be evaluated for disability separation or retirement due to mental health conditions are not processed for separation from the Armed Forces on the basis of a personality disorder, and recommendations regarding how members of the Armed Forces who may have been so separated from the Armed Forces should be provided with expedited review by the applicable board for the correction of military records.
(b) Comptroller General Report on Policies on Administrative Separation Based on Personality Disorder-
(1) REPORT REQUIRED- Not later than June 1, 2008, the Comptroller General shall submit to Congress a report evaluating the policies and procedures of the Department of Defense and of the military departments relating to the separation of members of the Armed Forces based on a personality disorder.
(2) ELEMENTS- The report required by paragraph (1) shall--
(A) include an audit of a sampling of cases to determine the validity and clinical efficacy of the policies and procedures referred to in paragraph (1) and the extent, if any, of the divergence between the terms of such policies and procedures and the implementation of such policies and procedures; and
(B) include a determination by the Comptroller General of whether, and to what extent, the policies and procedures referred to in paragraph (1)--
(i) deviate from standard clinical diagnostic practices and current clinical standards; and
(ii) provide adequate safeguards aimed at ensuring that members of the Armed Forces who suffer from mental health conditions (including depression, post-traumatic stress disorder, or traumatic brain injury) resulting from service in a combat zone are not separated from the Armed Forces on the basis of a personality disorder.
(3) ALTERNATIVE SUBMISSION METHOD- In lieu of submitting a separate report under this subsection, the Comptroller may include the evaluation, audit and determination required by this subsection as part of the study of mental health services required by section 723 of the Ronald W. Reagan National Defense Authorization Act of 2005 (Public Law 108-375; 118 Stat. 1989).
(c) Covered Member of the Armed Forces Defined- In this section, the term `covered member of the Armed Forces' includes the following:
(1) Any member of a regular component of the Armed Forces who has served in Iraq or Afghanistan since October 2001.
(2) Any member of the Selected Reserve of the Ready Reserve of the Armed Forces who served on active duty in Iraq or Afghanistan since October 2001


Inga Guenther
Proud Army Wife of Scot
Proud Army Mom of Andrew
Proud Marine Mom of Clayton
www.militaryspouses forchange. com