10-U.S.C.-1177
§1177 – Members Diagnosed With Or Reasonably Asserting Post-Traumatic Stress Disorder Or Traumatic Brain Injury: Medical Examination Required Before Administrative Separation
Pathway
Title 10 > Subtitle A > Part II > Chapter 59 > Section 1177
Details
- Reference: Section 1177
- Legend: §1177 – Members Diagnosed With Or Reasonably Asserting Post-Traumatic Stress Disorder Or Traumatic Brain Injury: Medical Examination Required Before Administrative Separation
- USCode Year: 2013
Provision Content
(a) Medical Examination Required.—(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 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, 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) Purpose of Medical Examination.—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) Inapplicability to Proceedings Under Uniform Code of Military Justice.—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.
(Added Pub. L. 111–84, div. A, title V, §512(a)(1), Oct. 28, 2009, 123 Stat. 2280; amended Pub. L. 112–239, div. A, title V, §518, Jan. 2, 2013, 126 Stat. 1720; Pub. L. 113–66, div. A, title V, §522, Dec. 26, 2013, 127 Stat. 755.)
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
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.
U.S. Encyclopedia of Law Coverage
10-U.S.C.-1162, in the Legal Encyclopedia: General Military Law
In this entry about 10-U.S.C.-1162,, find legal reference material, bibliographies and premiere content related to general military law in the American Encyclopedia of Law, presenting a comprehensive view of the United States general military law-specific issues, written by authorities in the field.
10-U.S.C.-1151 in the Legal Encyclopedia: Enlistments
In this entry about 10-U.S.C.-1151, find legal reference material, bibliographies and premiere content related to enlistments in the American Encyclopedia of Law, presenting a comprehensive view of the United States enlistments-specific issues, written by authorities in the field.
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