I 
112TH CONGRESS 
2D SESSION 
H. R. 6574 
To amend title 10, United States Code, to require a review of the separation 
of members of the Armed Forces on the basis of a mental condition 
not amounting to disability, including separation on the basis of a person-
ality or adjustment disorder. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 12, 2012 
Mr. WALZ of Minnesota (for himself, Mr. ROONEY, Mr. DENHAM, and Ms. 
PINGREE of Maine) introduced the following bill; which was referred to 
the Committee on Armed Services 
A BILL 
To amend title 10, United States Code, to require a review 
of the separation of members of the Armed Forces on 
the basis of a mental condition not amounting to dis-
ability, including separation on the basis of a personality 
or adjustment disorder. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Servicemember Mental 
Health Review Act’’. 
VerDate Mar 15 2010 
00:03 Oct 13, 2012
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6574.IH
H6574
jbell on DSK7SPTVN1PROD with
SEC. 2. FINDINGS. 
(1) Since September 11, 2001, approximately 
30,000 veterans have been separated from the 
Armed Forces on the basis of a personality disorder 
or adjustment disorder. 
(2) Nearly all veterans who are separated on 
the basis of a personality or adjustment disorder are 
prohibited from accessing service-connected disability 
compensation, disability severance pay, and disability 
retirement pay. 
(3) Many veterans who are separated on the 
basis of a personality or adjustment disorder are un-
able to find employment because of the ‘‘personality 
disorder’’ or ‘‘adjustment disorder’’ label on their 
Certificate of Release or Discharge from Active 
Duty. 
(4) The Government Accountability Office has 
found that the regulatory compliance of the Depart-
ment of Defense in separating members of the 
Armed Forces on the basis of a personality or ad-
justment disorder was as low as 40 percent between 
2001 and 2007. 
(5) The establishment of a Mental Health Dis-
charge Board of Review to review the separation of 
veterans who are separated on the basis of a person-
ality or adjustment disorder is warranted to ensure 
VerDate Mar 15 2010 
00:03 Oct 13, 2012
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6574.IH
H6574
jbell on DSK7SPTVN1PROD with
that any veteran wrongly separated on such basis 
will have the ability to access disability benefits and 
employment opportunities available to veterans. 
SEC. 3. DEPARTMENT OF DEFENSE REVIEW OF MILITARY 
SEPARATION ON BASIS OF A MENTAL CONDI-
TION NOT AMOUNTING TO DISABILITY. 
(a) REVIEW REQUIRED.—Chapter 79 of title 10, 
United States Code, is amended by inserting after section 
1554a the following new section: 
‘‘§ 1554b. Review of separation on basis of mental 
condition not amounting to disability 
‘‘(a) IN GENERAL.—(1) The Secretary of Defense 
shall oversee the establishment within the Office of the 
Secretary of each military department a board of review 
to review determinations previously made that covered in-
dividuals separated from the armed forces have a mental 
condition not amounting to disability. The board of each 
military department shall be known as the ‘Mental Health 
Discharge Board of Review’. 
‘‘(2) Each Mental Health Discharge Board of Review 
shall consist of not less than five members appointed by 
the Secretary. At least one licensed psychologist and one 
licensed psychiatrist who has not had any fiduciary re-
sponsibility to the Department of Defense since December 
31, 2001, shall be appointed to the board. 
VerDate Mar 15 2010 
00:03 Oct 13, 2012
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6574.IH
H6574
jbell on DSK7SPTVN1PROD with
‘‘(3) The Secretary of a military department shall 
equip the Mental Health Discharge Board of Review es-
tablished for that department with adequate administra-
tive and behavioral health support staff. 
‘‘(b) COVERED INDIVIDUALS.—For purposes of this 
section, covered individuals are members and former mem-
bers of the armed forces who have been separated from 
the armed forces since September 11, 2001, because of 
unfitness for duty because of a mental condition not 
amounting to disability, including separation on the basis 
of a personality disorder or adjustment disorder. 
‘‘(c) NOTIFICATION OF AVAILABILITY OF REVIEW.— 
(1) The Secretary of Defense shall ensure, to the greatest 
extent practicable, that each covered individual receives 
oral and written notification of the right of the covered 
individual to the review by the appropriate Mental Health 
Discharge Board of Review of the separation of the cov-
ered individual from the armed forces. 
‘‘(2) The Secretary of the military department with 
jurisdiction over the armed force in which a covered indi-
vidual served immediately before separation shall be re-
sponsible for providing to the covered individual the notifi-
cation required by this subsection. The Secretary of De-
fense shall monitor compliance with this notification re-
VerDate Mar 15 2010 
00:03 Oct 13, 2012
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6574.IH
H6574
jbell on DSK7SPTVN1PROD with