S.Amdt. 1748

SA 1748. Mr. PETERS submitted an amendment intended to be proposed to
amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title V, add the following:

SEC. 524. REVIEW OF CHARACTERIZATION OR TERMS OF DISCHARGE
FROM THE ARMED FORCES OF INDIVIDUALS WITH
MENTAL HEALTH DISORDERS ALLEGED TO AFFECT TERMS
OF DISCHARGE.

Section 1553(d) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(3)(A) In addition to the requirements of paragraphs (1)
and (2), in the case of a former member described in
subparagraph (B), the board shall--
``(i) review medical evidence of the Secretary of Veterans
Affairs or a civilian health care provider that is presented
by the former member; and
``(ii) review the case with a presumption of administrative
irregularity and place the burden on the Secretary concerned
to prove, by a preponderance of the evidence, that no error
or injustice occurred.
``(B) A former member described in this subparagraph is a
former member described in paragraph (1) or a former member
whose application for relief is based in whole or in part on
matters relating to post-traumatic stress disorder or
traumatic brain injury as supporting rationale or as
justification for priority consideration whose post-traumatic
stress disorder or traumatic brain injury is related to
combat or military sexual trauma, as determined by the
Secretary concerned.''.
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