republic-os/legal/us/code/title-10/chapter-59/section-1177.md

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LegalText	10 U.S.C. § 1177	Members diagnosed with or reasonably asserting post-traumatic stress disorder or traumatic brain injury: medical examination required before administrative separation	us	united_states_code	code_section	10	ARMED FORCES	59	SEPARATION	1177	10 U.S.C. § 1177	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip	/us/usc/t10/s1177	data/legal/raw/us/code/title-10/usc10.xml	6d7ca353d066ed1a567d18407415f56665036a9b23c30dcca148868770b94309	06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1	d5eae19f33eb3b60cd65671c6b48efaf6aef54b9c8c841b43e9b5fb20078d6eb	2026-07-04	official	legal us-code

10 U.S.C. § 1177 - Members diagnosed with or reasonably asserting post-traumatic stress disorder or traumatic brain injury: medical examination required before administrative separation

Text

(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, or sexually assaulted, 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, or based on such sexual assault, 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; Pub. L. 114–328, div. A, title V, § 524, Dec. 23, 2016, 130 Stat. 2116.)

Notes

Editorial Notes

References in TextThe Uniform Code of Military Justice, referred to in subsec. (c), is classified to chapter 47 (§ 801 et seq.) of this title.

Prior ProvisionsA 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.

Amendments2016—Subsec. (a)(1). Pub. L. 114–328 inserted “, or sexually assaulted,” after “deployed overseas in support of a contingency operation” and “or based on such sexual assault,” after “while deployed,”. 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”.