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H.R. 975 (113th): Servicemember Mental Health Review Act

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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

3/5/2013--Introduced. Servicemember Mental Health Review Act - Extends through 2014 (under current law, through 2009) the authority of the Physical Disability Board of Review (Board) to review the disability determinations of individuals who, since September 11, 2001, are separated from the Armed Forces due to unfitness for duty because of a mental condition with a disability rating of 20% or less and are found to be ineligible for retirement. Adds to those eligible for such review individuals who, before December 31, 2014, are separated due to unfitness because of a mental condition not amounting to disability, including separation based on a personality or adjustment disorder. Requires the Board to: (1) review, upon request, the findings and decisions of the appropriate physical evaluation board with respect to such latter individuals; and (2) include as Board members at least one licensed psychologist and one licensed psychiatrist who have had no fiduciary relationship to the Department of Defense (DOD) since December 31, 2001. Allows the Board to review disability determinations of non-requesting individuals, after obtaining their consent.

Requires the Secretary of the military department concerned to correct the military records of individuals in accordance with Board recommendations, unless such Secretary finds that the Board has made a clearly erroneous recommendation.

Requires the Secretary of Defense to ensure that eligible individuals receive notification of their right to a separation review by the Board, including the right to obtain counsel.