Peters, Daines, Tillis & Gillibrand Fairness for Veterans Provision to Be Signed into Law

Press Release

U.S. Senator Gary Peters (D-MI), Steve Daines (R-MT), Thom Tillis (R-NC) and Kirsten Gillibrand (D-NY) today applauded Senate passage of their bipartisan provision to help veterans who may have been erroneously given a less than honorable discharge from the military due to negative behavior resulting from mental traumas such as post-traumatic stress disorder (PTSD) or Traumatic Brain Injury (TBI). The Fairness for Veterans amendment was included in the final National Defense Authorization Act conference report, which passed the House of Representatives last week with widespread bipartisan support and now heads to the President's desk to be signed into law. Congressman Mike Coffman (R-CO) introduced similar legislation and led the effort to pass the provision in the House of Representatives.

"So many of our servicemembers have developed PTSD and brain injuries while on active duty, many of whom were undiagnosed until long after their service was completed," said Senator Tillis. "I am pleased this bipartisan provision is included in the NDAA so we can provide a fair opportunity for brave men and women to regain the benefits they lost as a result of conditions we now know were caused by the effects of the trauma they sustained during their service to our nation."

"Servicemembers suffering from the invisible wounds of war should not lose access to benefits they've earned through their service," said Senator Peters, a former Lt. Commander in the U.S. Navy Reserve. "I am thrilled that my Fairness for Veterans amendment will be signed into law so that veterans are given the consideration they deserve when petitioning for an upgraded discharge status. This provision will help keep America's promise to our veterans and ensure they have the support needed as they transition to civilian life."

"The men and women who served our nation in uniform and suffer from the invisible wounds of war should not be penalized with a loss of benefits they've earned," Senator Daines stated. "With today's vote, veterans who were erroneously discharged due to a side effect related to mental traumas will have the ability to petition to receive their benefits."

"Too many service members have lost access to their VA benefits because of mental health injuries that were not recognized when they left the military," said Senator Kirsten Gillibrand, the ranking member of the Senate Armed Services Committee Personnel Subcommittee. "This provision will ensure that veterans who have PTSD or have experienced Military Sexual Trauma can more easily have their discharges upgraded more easily so that they can get the care they need and the benefits they earned. I was proud to fight for this provision, I'm very pleased that it passed the Senate with bipartisan support, and I look forward to seeing it signed by the President into law as soon as possible."

"As a retired Marine and a combat veteran myself, I know how stressful combat deployments are and the impact they can often have years after returning to civilian life," Rep. Coffman said. "Many of our soldiers develop PTSD while deployed in a combat zone and then get kicked out of the military for minor behavioral problems directly linked to their combat-related PTSD. Today's vote on NDAA is a critical step in ensuring that we take care of those who have served our nation and now need our nation to help them."

A less than honorable discharge, or bad paper discharge, is often given for instances of minor misconduct such as being late to formation and missing appointments -- behavior that can be seen in those suffering from PTSD, TBI, and other trauma-related conditions. A less than honorable discharge renders servicemembers ineligible for certain benefits, including Post-9/11 G.I. Bill educational benefits and Department of Veterans Affairs (VA) home loans.

The provision included in the final NDAA conference report codifies the principles of the 2014 Hagel memo to give liberal consideration to petitions for changes in discharge status to honorable if the servicemember has been diagnosed with PTSD, TBI or related conditions in connection with their military service. Additionally, the amendment extends the policy to PTSD or TBI that is related to military sexual trauma.

The legislation has broad support from major veteran groups, including the Iraq and Afghanistan Veterans of America, the Veterans of Foreign Wars, Disabled American Veterans, the Military Officers Association of America, the American Legion, Paralyzed Veterans of America, United Soldiers and Sailors of America, Vietnam Veterans of America, and Swords to Plowshares.