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Pattern of misconduct



Posted : Tuesday May 5, 2009 21:28:07 EDT

The Pentagon and the services have come far in fixing the many flaws in the disability review process for combat-injured troops. But Congress often has had to push them — sometimes hard — to do the right thing.

And the job is hardly done; anecdotal reports continue to come in from bases around the country indicating that some services and local commands are still creatively interpreting the rules, to the detriment of troops.

For example, some combat troops with previously clean records who return from war with post-traumatic stress disorder or traumatic brain injury are being administratively discharged for a “pattern of misconduct” — even though the military readily acknowledges that PTSD and TBI can heavily contribute to such adverse behavioral changes.

Rep. Walter Jones, R-N.C., has introduced legislation to directly address this problem.

His bill, HR 1701, would:

• Create a special Defense Department board that would allow service members with PTSD or TBI who are less-than-honorably discharged to seek review if they thought their condition was not taken into consideration.

• Require a complete physical examination board review before administrative separation of any active-duty member diagnosed with PTSD or TBI.

Jones’ bill would be an important new piece of the safety net for the troops returning from war with mental health issues.

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