Returning Warrior Mental Health Protection Act

Purposes:

1. To effectively identify service members in crisis upon return from a combat zone.
2. To provide a means by which returning warriors exhibiting signs of post-combat stress can receive mental 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.


1) Definitions

a. 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) Post-deployment misconduct

a. If a service member engages in misconduct within two years upon his or her return from a combat zone AND has no history of misconduct prior to his or her deployment, the Commander shall suspend disciplinary action and/or administrative discharge pending the following:

i. Service member must undergo a comprehensive mental health evaluation and TBI screening and be given 30 days to participate in any recommended programs offered by the MTF or otherwise recommended by the mental health provider.

ii. 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 approved civilian mental health provider for up to 180 days (from the date of the referral).

3) Referral to Warrior Transition Unit

a. 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.

b. Any pending or suspended disciplinary actions and/or other charges may be forwarded for disposition by the WTU Commander.

4) Personality Disorder Discharges

a. If a service member meets the following criteria, the diagnosis of a personality disorder shall qualify for compensation as a recognized disability by the DoD and VA:

i. Has been active for at least 2 yrs;
ii. Has served in a combat zone; and
iii. Has no history of such disorder noted upon his or her entrance into service.
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