,,ii  #aacth ,,congress  #ast ,session  
,s4 #fbh  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,march #bj1 #bjac   
,mr4 ,tester 7for himself1 ,mr4 ,baucus1
 ,mr4 ,begich1 and ,ms4 ,klobuchar7     
introduced the following bill2 which was
 read twice and referred to the         
,committee on ,armed ,services  ,a      
,,bill  ,to amend title #aj1 ,united    
,states ,code1 to extend the duration of
 the ,physical ,disability ,board of    
,review and to the expand the authority 
of such ,board to review of the         
separation of members of the ,armed     
,forces on the basis of a mental        
condition not amounting to disability1  
including separation on the basis of a  
personality or adjustment disorder4  #a4
 ,short title ,this ,act may be cited as
 the ,servicemember ,mental ,health     
,review ,act4  #b4 ,findings ,congress  
makes the following findings3  7#a7     
,since ,september #aa1 #bjja1           
approximately #cj1jjj veterans have been
 separated from the ,armed ,forces on   

the basis of a personality disorder or  
adjustment disorder4  7#b7 ,nearly all  
veterans who are separated on the basis 
of a personality or adjustment disorder 
are prohibited from accessing           
service-connected disability            
compensation1 disability severance pay1 
and disability retirement pay4  7#c7    
,many veterans who are separated on the 
basis of a personality or adjustment    
disorder are unable to find employment  
because of the personality disorder or  
adjustment disorder label on their      
,certificate of ,release or ,discharge  
from ,active ,duty4  7#d7 ,the          
,government ,accountability ,office has 
found that the regulatory compliance of 
the ,department of ,defense in          
separating members of the ,armed ,forces
 on the basis of a personality or       
adjustment disorder was as low as #dj   
percent between #bjja and #bjjg4  7#e7  
,expansion of the authority of the      
,physical ,disability ,board of ,review 
to include review of the separation of  

members of the ,armed ,forces on the    
basis of a mental condition not         
amounting to disability1 including      
separation on the basis of a personality
 or adjustment disorder1 is warranted in
 order to ensure that any veteran       
wrongly separated on such basis will    
have the ability to access disability   
benefits and employment opportunities   
available to veterans4  #c4 ,review by  
,physical ,disability ,board of ,review 
of military separation on basis of a    
mental condition not amounting to       
disability  7a7 ,members entitled to    
review by ,physical ,disability ,board  
of ,review ,section #aeed;a of title    
#aj1 ,united ,states ,code1 is amended--
  7#a7 in subsection 7a77#a71 by        
striking disability determinations of   
covered individuals by ,physical        
,evaluation ,boards and inserting       
disability and separation determinations
 regarding certain members and former   
members of the armed forces described in
 subsection 7b72 and  7#b7 by striking  

subsection 7b7 and inserting the        
following new subsection3  7b7 ,covered 
individuals ,for purposes of this       
section1 covered individuals are members
 and former members of the armed forces 
who--  7#a7 during the period beginning 
on ,september #aa1 #bjja1 and ending on 
,december #ca1 #bjad1 are separated from
 the armed forces due to unfitness for  
duty because of a medical condition with
 a disability rating of #bj percent     
disabled or less and are found to be not
 eligible for retirement2 or  7#b7      
before ,december #ca1 #bjad1 are        
separated from the armed forces due of  
unfitness for duty because of a mental  
condition not amounting to disability1  
including separation on the basis of a  
personality disorder or adjustment      
disorder4  4  7b7 ,nature and scope of  
review ,such section is further         
amended--  7#a7 by redesignating        
subsections 7d71 7e71 and 7f7 as        
subsections 7e71 7f71 and 7g71          
respectively2 and  7#b7 by inserting    

after subsection 7c7 the following new  
subsection 7d73  7d7 ,review of         
separations due to unfitness for duty   
because of a mental condition not       
amounting to disability  7#a7 ,upon the 
request of a covered individual         
described in paragraph 7#b7 of          
subsection 7b71 or a surviving spouse1  
next of kin1 or legal representative of 
a covered individual described in such  
paragraph1 the ,physical ,disability    
,board of ,review shall review the      
findings and decisions of the ,physical 
,evaluation ,board with respect to such 
covered individual4 ,in addition1 the   
,physical ,disability ,board of ,review 
may review1 upon its own motion1 the    
findings and decisions of the ,physical 
,evaluation ,board with respect to a    
covered individual described in such    
paragraph4  7#b7 ,whenever a review is  
conducted under paragraph 7#a71 the     
members of the ,physical ,disability    
,board of ,review shall include at least
 one licensed psychologist and one      

licensed psychiatrist who has not had   
any fiduciary responsibility to the     
,department of ,defense since ,december 
#ca1 #bjja4  7#c7 ,in conducting the    
review under paragraph 7#a71 the        
,physical ,disability ,board of ,review 
shall consider--  7,a7 the findings of  
the psychologist or psychiatrist of the 
,department of ,defense who diagnosed   
the mental condition2  7,b7 the findings
 and decisions of the separation        
authority with respect to the covered   
individual2 and  7,c7 whether the       
separation authority correctly followed 
the process for separation as set forth 
in law1 including ,department of        
,defense regulations1 directives1 and   
policies4  7#d7 ,the review by the      
,physical ,disability ,board of ,review 
under paragraph 7#a7 shall be based on  
the records of the ,department of       
,defense and the ,department of         
,veterans ,affairs and such other       
evidence as may be presented to the     
,board4 ,the ,board shall consider any  

and all evidence to be considered1      
including private mental health records 
submitted by the covered individual in  
support of the claim4  7#e7 ,if the     
,physical ,disability ,board of ,review 
proposes1 upon its own motion1 to       
conduct a review under paragraph 7#a7   
with respect to a covered individual1   
the ,board shall notify the covered     
individual1 or a surviving spouse1 next 
of kin1 or legal representative of the  
covered individual1 of the proposed     
review and obtain the consent of the    
covered individual or a surviving       
spouse1 next of kin1 or legal           
representative of the covered individual
 before proceeding with the review4     
7#f7 ,after the ,physical ,disability   
,board of ,review has completed the     
review under this subsection with       
respect to the separation of a covered  
individual1 the ,board shall provide the
 claimant with a statement of reasons   
concerning the ,board's decision4 ,the  
covered individual has the right to     

raise with the ,board a motion for      
reconsideration if--  7,a7 new evidence 
can be presented that would address the 
issues raised in the ,board's statement 
of reasons2 or  7,b7 the ,board has made
 a plain error in making its            
recommendation4  4  7c7 ,correction of  
military records ,subsection 7f7 of such
 section1 as redesignated by subsection 
7b77#a71 is amended to read as follows3 
7f7 ,correction of military records     
7#a7 ,the ,secretary of the military    
department concerned shall correct the  
military records of a covered individual
 in accordance with the recommendation  
made by the ,physical ,disability ,board
 of ,review under subsection 7e7 unless 
the ,secretary determines that the      
,board has made a clearly erroneous     
recommendation4 ,any such correction    
shall be made effective as of the date  
of the separation of the covered        
individual4  7#b7 ,in the case of a     
covered individual previously separated 
with a lump-sum or other payment of back

 pay and allowances at separation1 the  
amount of pay or other monetary benefits
 to which such individual would be      
entitled based on the individual's      
military record as corrected shall be   
adjusted to take into account receipt of
 such lump-sum or other payment in such 
manner as the ,secretary of the military
 department concerned considers         
appropriate4  7#c7 ,if the ,physical    
,disability ,board of ,review makes a   
recommendation not to correct the       
military records of a covered           
individual1 the action taken on the     
report of the ,physical ,evaluation     
,board to which such recommendation     
relates shall be treated as final as of 
the date of such action4  4  7d7        
,conforming amendments ,such section is 
further amended--  7#a7 in subsection   
7c7--  7,a7 by inserting after ,review  
the following3 of separations due to    
unfitness for duty because of medical   
condition with a low disability rating2 
and  7,b7 in paragraph 7#a7--  7i7 by   

inserting described in paragraph 7#a7 of
 subsection 7b7 after a covered         
individual the first place it appears2  
7ii7 by inserting described in such     
paragraph after a covered individual the
 second place it appears2 and  7iii7 by 
striking the second sentence and        
inserting the following new sentence3   
,in addition1 the ,physical ,disability 
,board of ,review may review1 upon its  
own motion1 the findings and decisions  
of the ,physical ,evaluation ,board with
 respect to a covered individual        
described in such paragraph42 and  7#b7 
in subsection 7e71 as redesignated by   
subsection 7b77#a71 by striking under   
subsection 7c7 and inserting conducted  
under subsection 7c7 or 7d74  7e7       
,notification of new availability of    
review  7#a7 ,notification requirement  
,in the case of individuals described in
 subsection 7b77#b7 of section #aeed;a  
of title #aj1 ,united ,states ,code1 as 
amended by subsection 7a71 who have been
 separated from the ,armed ,forces      

during the period beginning on          
,september #aa1 #bjja1 and ending on the
 date of the enactment of this ,act or  
who are separated after that date1 the  
,secretary of ,defense shall ensure1 to 
the greatest extent practicable1 that   
such individuals receive oral and       
written notification of their right to a
 review of their separation from the    
,armed ,forces under such section       
#aeed;a4  7#b7 ,compliance ,the         
,secretary of the military department   
with jurisdiction over the ,armed ,force
 in which the individual served         
immediately before separation shall be  
responsible for providing to the        
individual the notification required by 
paragraph 7#a74 ,the ,secretary of      
,defense shall monitor compliance with  
this notification requirement and       
promptly notify ,congress of any        
failures to comply4  7#c7 ,legal counsel
 ,the notification required by paragraph
 7#a7 shall--  7,a7 inform the          
individual of the right to obtain legal 

or non-legal counsel to represent the   
individual before the ,physical         
,disability ,board of ,review2 and  7,b7
 include a list of organizations that   
may provide such counsel at no cost to  
the individual4  7f7 ,clerical          
amendments  7#a7 ,section heading ,the  
heading of such section is amended to   
read as follows3  #aeed;a4 ,physical    
,disability ,board of ,review3 review of
 separations with disability rating of  
#bj percent or less and separations on  
basis of mental condition not amounting 
to disability  4  7#b7 ,table of        
sections ,the table of sections at the  
beginning of chapter #gi of such title  
is amended by striking the item relating
 to section #aeed;a and inserting the   
following new item3  #aeed;a4 ,physical 
,disability ,board of ,review3 review of
 separations with disability rating of  
#bj percent or less and separations on  
basis of mental condition not amounting 
to disability4  4