§1177 — Title 10 Armed Forces | U.S. Code

Summary

Under rules set by the Defense Secretary, the head of each military branch must make sure any service member who was deployed overseas for a contingency operation or was sexually assaulted in the past 24 months, and who is diagnosed with or reasonably says they have PTSD or a traumatic brain injury because of that service or assault, gets a medical exam to check for PTSD or TBI. The member cannot be given an administrative discharge that is less than honorable, including a discharge instead of a court-martial, until the exam results are reviewed by the officials who handle separations. PTSD exams must be done by a clinical psychologist, psychiatrist, licensed clinical social worker, or psychiatric advanced practice nurse. TBI exams may be done by a physician, clinical psychologist, psychiatrist, or other appropriate health professional. These exam rules do not apply to courts-martial or other military justice proceedings.

Title 10, §1177

Armed Forces — Source: USLM XML via OLRC

(a)(1)Under regulations prescribed by the Secretary of Defense, the Secretary of a military department shall ensure that a member of the armed forces under the jurisdiction of the Secretary who has been deployed overseas in support of a contingency operation, or sexually assaulted, during the previous 24 months, and who is diagnosed by a physician, clinical psychologist, psychiatrist, licensed clinical social worker, or psychiatric advanced practice registered nurse as experiencing post-traumatic stress disorder or traumatic brain injury or who otherwise reasonably alleges, based on the service of the member while deployed, or based on such sexual assault, the influence of such a condition, receives a medical examination to evaluate a diagnosis of post-traumatic stress disorder or traumatic brain injury.

(2)A member covered by paragraph (1) shall not be administratively separated under conditions other than honorable, including an administrative separation in lieu of court-martial, until the results of the medical examination have been reviewed by appropriate authorities responsible for evaluating, reviewing, and approving the separation case, as determined by the Secretary concerned.

(3)In a case involving post-traumatic stress disorder, the medical examination shall be performed by a clinical psychologist, psychiatrist, licensed clinical social worker, or psychiatric advanced practice registered nurse. In cases involving traumatic brain injury, the medical examination may be performed by a physician, clinical psychologist, psychiatrist, or other health care professional, as appropriate.

(b)The medical examination required by subsection (a) shall assess whether the effects of post-traumatic stress disorder or traumatic brain injury constitute matters in extenuation that relate to the basis for administrative separation under conditions other than honorable or the overall characterization of service of the member as other than honorable.

(c)The medical examination and procedures required by this section do not apply to courts-martial or other proceedings conducted pursuant to the Uniform Code of Military Justice.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Uniform Code of Military Justice, referred to in subsec. (c), is classified to chapter 47 (§ 801 et seq.) of this title.

Prior Provisions

A prior section 1177, added Pub. L. 103–337, div. A, title V, § 560(a)(1), Oct. 5, 1994, 108 Stat. 2777; amended Pub. L. 104–106, div. A, title V, § 567(a)(1), title XV, § 1503(a)(12), Feb. 10, 1996, 110 Stat. 328, 511, related to mandatory discharge or retirement of members infected with HIV–1 virus, prior to repeal by Pub. L. 104–134, title II, § 2707(a)(1), Apr. 26, 1996, 110 Stat. 1321–330.

Amendments

2016—Subsec. (a)(1). Pub. L. 114–328 inserted “, or sexually assaulted,” after “deployed overseas in support of a contingency operation” and “or based on such sexual assault,” after “while deployed,”. 2013—Subsec. (a)(1). Pub. L. 112–239, § 518(1), substituted “psychiatrist, licensed clinical social worker, or psychiatric advanced practice registered nurse” for “or psychiatrist”. Subsec. (a)(2). Pub. L. 113–66 inserted “, including an administrative separation in lieu of court-martial,” after “honorable”. Subsec. (a)(3). Pub. L. 112–239, § 518(2), substituted “, psychiatrist, licensed clinical social worker, or psychiatric advanced practice registered nurse” for “or psychiatrist”.

§1177 Members diagnosed with or reasonably asserting post-traumatic stress disorder or traumatic brain injury: medical examination required before administrative separation